C\J 


LIBRARY 

OF  THE 

University  of  California. 

Class 

THE  CHARTER 


OF  THE 


City  of  Tacoma 

WASHINGTON 


ADOPTED  OCTOBER  16,  1909 


CHARTER 


OF  THE 


CITY  OF  TACOMA 


STATE    OF 

WASHINGTON 


FRAMED  AND  SUBMITTED  BY  THE  BOARD  OF  FIFTEEN  FREE- 
HOLDERS ELECTED  JUNE  8,  1909,  UNDER  AND  IN  ACCORD- 
ANCE WITH  SECTION  10,  ARTICLE  11,  OF  THE  STATE 
CONSTITUTION  AND  AN  ACT  OF  THE  LEGISLA- 
TURE   OF   THE    STATE   OF   WASHINGTON, 
APPROVED    MA3CH    4TH,    A.  D.  1895, 

ENTITLED 

"  AN  ACT  TO  AUTHORIZE  CITIES  OF  THE   FIRST  CLASS 

TO  ALTER,  CHANGE,  REVISE,  ADD  TO  OR  REPEAL 

THEIR    RESPECTIVE    CHARTERS;"    AND 

FILED  BY  SAID  BOARD  WITH   THE 

CITY  CLERK  ON  THE  7th  DAY 

OF    AUGUST,    1909, 


Submitted  to  and  Adopted  by  the  Voters  of  the  City  of  Tacoma 

at  a  Special  Election  held  on  the  16th 

day  of  October,  A.D.  1909. 


TACOMA.  WASH. 
Allen  a   Lamborn   Printing  Co. 
1909 


THE  CHARTER 

OF  THE 

City   of  Tacoma 


PREAMBLE. 
We,  the  people  of  the  City  of  Tacoma,  a  city  of  the  first 
class  of  the  State  of  Washington,  under  the  authority  of  the 
Constitution  and  Laws  of  the  State  of  Washington,  do  hereby 
adopt,  publish  and  declare  this  to  be  our  City  Charter. 


ARTICLE  I. 

NAME,  BOUNDAMES,  POWERS,  BIGHTS  AND  LIABILITIES. 

Section  1.  Name,  Boundaries  and  Wards— Th^  municipal 
corporation  now  existing  and  known  as  the  ''City  of  Tacoma," 
shall  remain  and  continue  to  be  a  body  politic  and  corporate, 
under  the  same  name  and  vdth  the  same  boundaries,  divided  into 
the  same  wards,  as  now  existing  (except  as  in  the  next  section  of 
this  Charter  provided),  with  power  and  authority  to  change  its 
boundaries  in  the  manner  authorized  by  law. 

Sec.  2.  Boutidaries  Extend  to  Middle  of  Sound.— In  addi- 
tion to  said  boundaries,  the  powers  and  jurisdiction  of  the  City 
of  Tacoma  are  hereby  declared  to  extend  over  any  and  all  tide- 
lands  intervening  between  any  part  of  the  heretofore  existing 
boundaries  of  the  City  and  the  waters  of  Commencement  Bay 
and  Puget  Sound,  and  over  said  waters  to  the  middle  line  of 
said  Bay  and  Sound,  in  every  manner  and  for  every  purpose 
that  such  powers  and  jurisdiction  could  be  exercised  if  such  tide- 
lands  and  waters  had  been  specifically  included  within  the  City 
limits  prior  to  the  adoption  of  this  Charter,  the  City  of  Tacoma 
hereby  adopting  and  availing  itself  of  all  of  the  powers  and 
jurisdiction  conferred  by  Chapter  III,  Laws  of  Washington, 
1909. 

Sec.  3.  Rights  and  Liahilities.—  (a)  By  the  name  of  the 
''City  of  Tacoma,"  the  City  shall  have  perpetual  succession  and 
shall  own,  possess  and  hold  all  property,  real  and  personal,  here- 
tofore owned,  possessed  or  held  by  the  City  of  Tacoma,  and 

228616 


4  THEI  CHARTER  OF  THE  CITY  OF 

shall  assume,  manage  and  dispose  of  all  trusts  in  any  way  con- 
nected therewith; 

(&)  Shall  succeed  to  all  the  rights  and  liabilities  and  shall 
acquire  all  benefits,  and  shall  assume  and  pay  all  valid  bonds, 
legal  obligations  and  indebtedness  of  said  City  of  Tacoma;  by 
that  name  may  sue  and  defend,  plead  and  be  impleaded  in  all 
courts  and  places,  and  in  all  matters  and  proceedings ;  may  have 
and  use  a  common  seal  and  alter  the  same  at  pleasure ;  may  pur- 
chase, receive,  hold  and  enjoy,  or  sell  and  dispose  of  real  and 
personal  property. 

Sec.  4.     Powers.— Tlae  City  of  Tacoma  shall  have  power— 

First— To  provide  for  general  and  special  elections  for  ques- 
tions to  be  voted  upon,  and  for  the  election  of  officers ; 

Second — To  provide  for  levying  taxes  on  real  and  personal 
property,  for  corporate  uses  and  purposes,  and  to  provide  for 
the  payment  of  all  the  debts  and  expenses  of  the  corporation; 
provided,  that  all  taxes,  whether  general  or  special,  exclusive  of 
assessments  for  street  improvements  and  construction  of  sewers, 
shall  not  exceed  one  and  five-tenths  per  centum  (1.5%),  in  any 
one  year,  of  the  assessed  valuation  on  the  property  of  said  City, 
except  as  provided  in  Sec.  6  of  this  Charter. 

Third— To  control  the  finances  and  property  of  the  corpora- 
tion, and  to  acquire,  by  purchase  or  otherwise,  such  lands  and 
other  property  as  may  be  necessary  for  corporate  uses,  and  to  dis- 
pose of  any  such  property  as  the  interests  of  the  corporation  may 
from  time  to  time  require ; 

Fourth— To  borrow  money  for  corporate  purposes  on  the 
credit  of  the  corporation,  and  to  issue  negotiable  bonds  therefor, 
on  such  conditions  and  in  such  manner  as  prescribed  in  this 
Charter ; 

Fifth— To  issue  bonds  in  place  of,  or  to  supply  means  to 
meet,  maturing  bonds  or  other  indebtedness,  or  for  the  consolida- 
tion or  funding  of  the  same ; 

Sixth— To  purchase  or  appropriate  private  property  within 
or  without  the  corporate  limits  for  corporate  uses,  upon  making 
just  compensation  to  the  owners  thereof,  and  to  institute  and 
maintain  such  proceedings  as  may  be  authorized  by  the  general 
laws  of  the  State  for  the  appropriation  of  private  property  for 
public  use; 

Seventh— To  lay  out,  establish,  open,  alter,  widen,  extend, 
grade,  pave,  plank,  establish  grades,  or  otherwise  improve 
streets,  avenues,  alleys,  sidewalks,  wharves,  parks,  and  other 
public  grounds,  and  to  regulate  and  control  the  use  thereof,  and 
to  vacate  the  same,  and  to  authorize  or  prohibit  the  use  of  elec- 


TACOMA,  WASHINGTON  « 

tricity  at,  in  or  upon  any  of  the  said  streets,  or  for  other  pur- 
poses, and  to  prescribe  the  terms  and  conditions  upon  which  the 
same  may  be  used,  and  to  regulate  the  use  thereof ; 

Eighth— To  change  the  grade  of  any  street,  highway  or  al- 
ley, within  its  corporate  limits,  and  to  provide  for  the  payment 
of  damages  to  any  abutting  owner  or  owners  who  shall  have 
built  or  made  other  improvements  upon  such  street,  highway  or 
alley  at  any  point  opposite  to  the  point  where  such  change  shall 
be  made  in  reference  to  the  grade  of  such  street,  highway  or 
alley  as  the  same  existed  prior  to  such  change ; 

Ninth— To  authorize  or  prohibit  the  locating  and  construct- 
ing of  any  railroad  or  street  railroad  in  any  street,  alley  or 
public  place  in  the  City,  and  to  prescribe  the  terms  and  condi- 
tions upon  which  any  such  railroad  or  street  railroad  shall  be 
located  or  constructed;  to  provide  for  the  alteration,  change 
of  grade,  or  removal  thereof;  to  regulate  the  moving  and  oper- 
ation of  railroad  and  street  railroad  trains,  cars  and  locomotives 
within  the  corporate  limits,  and  to  provide  for  the  protection  of 
persons  and  property  against  injury  in  the  use  of  such  railroads 
or  street  railroads,  and  to  fix  the  rate  of  fare; 

Tenth— To  provide  for  making  local  improvements  and 
to  levy  and  collect  special  assessments  on  property  benefited 
thereby,  and  for  paying  the  same  or  any  portion  thereof ; 

Eleventh— To  acquire  by  purchase  or  otherwise,  lands  foi- 
public  parks  within  or  without  the  limits  of  the  City,  and  to 
improve  the  same; 

Twelfth— To  construct  and  keep  in  repair  bridges,  viaducts, 
and  tunnels,  and  to  regulate  the  use  thereof; 

Thirteerith— To  determine  what  work  shall  be  done  or  im- 
provements made  at  the  expense,  in  whole  or  in  part,  of  the 
owners  of  the  adjoining,  contiguous  or  proximate  property,  or 
others  specially  benefited  thereby ;  provided,  the  manner  of  mak- 
ing and  collecting  asse^ments  therefor  shall  be  as  prescribed 
in  this  Charter; 

Fourteenth— To  provide  for  erecting,  purchasing,  appropri- 
ating or  otherwnse  acquiring  water  works,  gas  works  or  electric 
light  plants  within  or  without  the  corporate  limits  of  said  City, 
to  supply  said  City  and  its  inhabitants  with  water  and  light, 
or  to  authorize  the  construction  of  same  by  others,  and  to  regu- 
late and  control  the  use  and  price  of  the  water  or  light  so  sup- 
plied ; 

Fifteenth— To  provide  for  lighting  the  streets  and  all  public 
places,  and  for  furnishing  the  inhabitants  of  the  City  with  gas 
or  other  lights,  and  to  erect  or  otherwise  acquire,  and  maintain 


6  THE  CHARTER  OF  THE  CITY  OF 

the  same,  or  to  authorize  the  erection  and  maintenance  of  such 
works  as  may  be  necessary  and  convenient  therefor,  and  to  reg- 
ulate and  control  the  use  thereof ; 

Sixteenth — To  establish  and  regulate  markets,  and  to  pro- 
vide for  the  weighing,  measuring  and  inspection  of  all  articles 
of  food  and  drink  offered  for  sale  thereat,  or  at  any  other  place 
within  its  limits,  by  proper  penalties,  and  to  enforce  the  keep- 
ing of  proper  legal  weights  and  measures  by  all  vendors  in  the 
City,  and  to  provide  for  the  inspection  thereof ; 

Seveniieenth— To  erect  and  establish  hospitals  and  pest- 
houses  and  to  control  and  regulate  the  same; 

Eighteenth— To  erect  and  establish  work-houses  and  jails 
and  to  control  and  regulate  the  same,  and  to  provide  for  the 
working  of  prisoners  confined  therein; 

Ni7ieteenM—To  provide  for  the  establishment  and  main- 
taining of  reform  schools  for  juvenile  offenders; 

Twentieth— To  provide  for  the  establishment  and  mainten- 
ance of  public  libraries,  and  to  appropriate  annually  not  ex- 
ceeding ten  per  centum  of  all  moneys  collected  for  fines,  penal- 
ties and  licenses,  for  the  support  of  a  City  library  which  shall, 
under  such  regulations  as  shall  be  prescribed  by  ordinance,  be 
open  for  use  by  the  public; 

Tioenty-first-To  regulate  the  burial  of  the  dead  and  to 
establish  and  regulate  cemeteries  within  or  without  the  corporate 
limits  and  to  acquire  land  therefor  by  purchase  or  otherwise ;  to 
cause  cemeteries  to  be  removed  beyond  the  limits  of  the  corpora- 
tion, and  to  prohibit  their  establishment  within  two  miles  of  the 
boundaries  thereof; 

Twenty -second— To  direct  the  location  and  construction  of 
all  buildings  in  which  any  trade  or  occupation  offensive  to  the 
senses  or  deleterious  to  public  health  or  safety  shall  be  carried 
on.  and  to  regulate  the  management  thereof,  and  to  prohibit  the 
erection  or  maintenance  of  such  buildings  or  structures,  or  to  the 
carrying  on  of  such  trades  or  occupations  within  the  limits  of 
the  City  or  within  the  distance  of  two  miles  beyond  the  bound- 
aries thereof ; 

Tiventy-third— To  provide  for  the  prevention  and  extin- 
guishment of  fires,  and  to  regulate  or  prohibit  the  transportation, 
keeping  or  storage  of  all  combustible  or  explosive  materials  with- 
in its  corporate  limits,  and  to  regulate  and  restrain  the  use  of 
fire-works ; 

Twenty- fourth— To  establish  fire  limits  and  to  make  all 
such  regulations  for  the  erection  and  maintenance  of  buildings 
or  other  structures  within  its  corporate  limits,  as  the  safety  of 


TACOMA,  WASHINGTON  7 

persons  or  property  may  require,  and  to  cause  all  such  buildings 
and  places  as  may  from  any  cause  be  in  a  dangerous  state,  to  be 
put  in  safe  condition ; 

Tice7ity-fifth— To  regulate  the  manner  in  which  stone,  brict 
and  other  buildings,  party  walls  and  partition  fences  shall  be 
constructed  and  maintained; 

Twenty-sixth— To  deepen,  widen,  dock,  cover,  wall,  alter  or 
cliange  the  channels  of  waterwaj^s  and  courses,  and  to  provide 
for  the  construction  and  maintenance  of  all  such  works  as  may 
be  required  for  the  acc^j  'imodation  of  commerce,  including 
canals,  ferries,  slips,  public  landing  places,  wharves,  docks  and 
levees,  and  to  control  and  regulate  the  use  thereof ; 

Tiventy-seventli—To  control,  regulate  or  prohibit  the  an- 
chorage, moorage  and  landing  of  all  water  crafts  and  their  car- 
goes, within  the  jurisdiction  of  the  corporation ; 

Twenty -eighth— To  fix  the  rates  of  wharfage  and  dockage, 
and  to  provide  for  the  collection  thereof,  and  to  provide  for  the 
imposition  and  collection  of  such  harbor  fees  as  may  be  consis- 
tent with  the  laws  of  the  United  States: 

Twenty-mnth — To  license,  regulate,  control  or  restrain 
wharfboats,  tugs  and  other  boats  used  about  the  harbor  or  with- 
in its  jurisdiction : 

Thirtieth— To  require  the  owners  of  public  halls  or  other 
buildings  to  provide  suitable  means  of  exit;  to  provide  for  the 
prevention  and  abatment  of  nuisances,  for  the  cleaning  and 
purification  of  water  courses  and  canals,  for  the  drainage  and 
filling  up  of  ponds  and  private  property  within  its  limits,  when 
the  same  shall  be  offensive  to  the  senses  or  dangerous  to  health ; 
to  regulate  and  control  and  to  prevent  and  punish  the  defile- 
ment or  pollution  of  all  streams  running  through  or  into  its  cor- 
porate limits,  and  for  a  distance  of  five  miles  beyond  its  corpor- 
ate limits,  and  on  any  stream  or  lake  from  which  the  water  sup- 
ply of  said  City  is  taken,  for  a  distance  of  five  miles  beyond  its 
source  of  supply;  to  pro\ade  for  the  cleaning  of  areas,  vaults, 
and  other  places  within  its  corporate  limits,  which  may  be  so 
kept  as  to  become  offensive  to  the  senses  or  dangerous  to  the 
health,  and  to  make  all  such  quarantine  or  other  regulations  as 
may  be  necessary  for  the  preservation  of  the  public  health,  and 
to  remove  all  persons  afflicted  with  any  infectious  or  contagious 
disease  to  some  suitable  place  to  be  provided  for  that  purpose ; 

Thirty- first— To  declare  what  shall  be  a  nuisance  and  to 
abate  the  same,  and  to  impose  fines  upon  parties  who  may  create, 
continue  or  suffer  nuisances  to  exist; 


8  THE  CHARTER  OF  THE  CITY  OF 

Thirty -second— To  license,  regulate  and  restrain  the  selling 
or  giving  away  of  malt,  vinous,  fermented,  intoxicating  or  mixed 
liquors,  and  to  revoke  a  license  or  refuse  to  issue  a  license  to  any 
person  to  deal  in  the  same,  and  to  prescribe  limits  within  which 
no  license  for  the  sale  of  such  liquors  shall  be  granted ; 

Thirty-third— To  grant  license  for  any  lawful  purpose,  and 
to  fix  the  amount  to  be  paid  therefor,  and  to  provide  for  revok- 
ing the  same;  provided,  that  no  license  shall  be  granted  to  con- 
tinue for  longer  than  one  year  from  the  date  thereof ; 

Thirty -fourth— To  regulate  the  carrying  on  within  its  cor- 
porate limits  of  occupations  which  are  of  such  a  nature  as  to 
affect  the  public  health  or  the  good  order  of  s^d  City,  or  to  dis- 
turb the  public  peace,  and  which  are  not  prohibited  by  law,  and 
to  provide  for  the  punishment  of  all  persons  violating  such  reg- 
ulations, and  all  persons  who  knowingly  permit  the  same  to  be 
violated  in  any  building  or  upon  any  premises  owned  or  con- 
trolled by  them; 

Thirty -fifth— To  restrain  and  provide  for  the  punishment  of 
vagrants,  mendicants,  prostitutes,  and  other  disorderly  persons; 

Thirty -sixth— To  provide  for  the  punishment  of  persons 
guilty  of  disorderly  conduct  and  of  practices  dangerous  to  the 
public  health  or  safety,  and  to  make  all  regulations  necessary 
for  the  preservation  of  public  morality,  health,  peace  and  good 
order  within  its  limits,  and  to  provide  for  the  arrest,  trial  and 
punishment  of  all  persons  charged  with  violating  any  of  the 
ordinances  of  said  City;  but  such  punishment  shall  in  no  case 
exceed  the  punishment  provided  by  the  laws  of  the  State  for 
misdemeanors ; 

Thirty -seventh— To  project  or  extend  its  streets  over  and 
across  any  tide-lands  within  its  corporate  limits,  and  along  or 
across  the  harbor  areas  of  said  City,  in  such  manner  as  will  best 
promote  the  interests  of  commerce; 

Thirty-eighth — To  regulate  or  prohibit  the  sale  or  other  dis- 
position of  opium,  cocaine  and  other  narcotics  and  drugs  of  a 
like  or  similar  nature,  and  to  suppress  and  prohibit  the  smoking 
of  opium  and  the  use  of  cocaine  and  other  narcotics  of  a  like 
or  similar  nature,  except  upon  prescription  of  regular  licensed 
and  practicing  physicians  of  good  standing; 

Thirty -ninth— To  regulate  and  prevent  domestic  and  other 
animals  from  running  at  large;  to  license,  tax,  regulate  and  re- 
strain the  keeping  of  dogs  within  the  City  limits ;  and  to  author- 
ize the  distraining,  impounding  and  sale  of  the  same  for  the 
penalty  incurred  and  the  costs  of  the  proceedings,  or  to  author- 
ize their  destruction; 


'       TACOMA,  WASHINGTON  9 

Fortieih  — To  grant  franchises,  but  which  in  no  event  shall 
be  exclusive,  for  a  term  of  not  more  than  twenty-five  years,  and 
under  such  proper  restrictions  and  reservations  as  the  interests 
of  the  City  may  require; 

Forty- first — To  prohibit  the  stringing  of  wires  for  electrical 
purposes  over  and  above  or  ujider  the  streets  or  alleys  of  the 
City;  to  require  all  electrical  w^ires  and  apparatus  to  be  placed 
underground  in  a  safe  and  proper  manner,  and  to  require  any 
and  all  poles  erected  for  electrical  or  other  purposes  within  the 
City  to  be  removed ;  to  lay  down,  own,  manage  and  charge  track- 
age for  the  use  of  street  car  tracks  over  any  bridge  or  bridges 
or  any  other  public  place  in  the  City  of  Tacoma ; 

Forty -second— To  create  such  offices  not  herein  provided  for 
as  the  needs  of  the  City  require;  to  establish  and  regulate  the 
salary  of  all  its  officers,  except  when  otherwise  provided  for ;  and 
such  other  powers  and  privileges  not  herein  specifically  enumer- 
ated as  are  incident  to  municipal  corporations  of  like  character 
and  degree  not  inconsistent  with  the  Constitution  and  general 
laws; 

Forty -third— To  establish  stands  for  hacks  and  other  vehi- 
cles for  hire,  and  to  regulate  the  charges  of  hacks  and  other  ve- 
hicles carrying  passengers,  freight  or  baggage  for  hire,  and  re- 
quire a  schedule  of  such  charges  to  be  posted  in  every  hack  or 
other  passenger  vehicle; 

Forty -fourth— To  provide  for  naming  streets  and  number- 
ing houses;  for  regulating  and  preventing  the  erection  of  signs 
and  awnings  and  the  exhibition  of  banners,  flags  and  placards 
across  or  over  streets  or  sidewalks,  and  for  regulating  or  sup- 
pressing public  criers,  advertising,  ringing  of  bells  and  other 
noises ; 

Forty- fifth— To  regulate  all  parades  and  processions,  and  to 
determine  what  parades  or  processions  upon  the  streets  shall  be 
unlawful,  and  to  declare  the  same  a  nuisance ; 

Forty-sixth— To  fix  the  price  of  water,  light  and  power 
furnished  to  inhabitants  of  the  City  by  any  person  or  corpora- 
tion other  than  the  City,  and  to  regulate  the  supply  or  use  there- 
of, whether  by  persons  or  corporations  now  holding  franchises 
or  hereafter  obtaining  franchises; 

Forty -seventh— To  order  an  enumeration  of  the  inhabitants 
of  the  City  and  provide  the  manner  of  taking  said  enumeration ; 

Forty -eighth— To  include  in  the  annual  tax  levy  a  provision 
for  an  amount,  to  be  fixed  by  the  Council,  to  be  levied  for  the 
maintenance  of  museums. 


10  THE  CHARTER  OF  THE  CITY  OF 

Sec.  5.  Acquire  and  Own  Puhlic  Utilities.— The  City  of 
Tacoma  shall  have  power  to  construct,  condemn  and  purchase, 
purchase,  acquire,  add  to,  maintain,  conduct  and  operate  water- 
works within  and  without  its  limits  for  the  purpose  of  furnish- 
ing the  City  and  the  inhabitants  thereof  and  any  other  person  or 
persons  doing  business  therein,  with  an  ample  supply  of  water 
for  all  uses  and  purpose?,  public  and  private,  with  full  power  to 
regulate  and  control  the  use,  distribution  and  price  thereof;  to 
construct  and  maintain  systems  of  sewerage  with  full  jurisdic- 
tion and  authority  to  manage,  regulate  and  control  the  same  with- 
in and  without  the  limits  of  the  corporation ;  to  construct,  con- 
demn and  purchase,  purchase,  acquire,  add  to,  maintain  and  op- 
erate works,  plants  and  facilities  for  the  preparation  and  manu- 
facture of  all  such  stone  or  asphalt  products  or  compositions  or 
other  materials  which  may  be  used  in  street  construction  or  main- 
tenance, together  with  the  right  to  use  the  same  and  also  to  fix 
the  price  of  and  to  sell  the  same  for  use  in  the  construction  of 
municipal  improvements  of  the  City ;  to  construct,  condemn  and 
purchase,  purchase,  acquire,  add  to,  maintain  and  operate  works, 
plants  and  facilities  for  the  purpose  of  furnishing  the  City  and 
the  inhabitants  thereof  and  any  other  person  or  persons  doing 
business  therein,  with  gas,  electricity  and  other  means,  power 
and  facilities  for  lighting,  heating,  fuel  and  power  purposes, 
public  and  private,  with  full  authority  to  regulate  and  control 
the  use,  distribution  and  price  thereof;  to  authorize  the  con- 
struction of  such  plant  or  plants  by  others  for  the  same  pur- 
poses, and  purchase  such  power  from  others,  when  delivered 
within  the  City,  for  its  own  use  and  for  the  purpose  of  selling 
to  its  inhabitants  and  other  persons  doing  business  within  the 
City,  and  to  regulate  and  control  the  use  and  price  of  electrical 
power  so  supplied;  to  construct,  condemn  and  purchase,  pur- 
chase, add  to,  maintain  and  operate  cable,  electrical  or  other  rail- 
ways within  the  corporate  limits  of  the  City  for  the  transporta- 
tion of  freight  and  passengers,  with  full  authority  to  regulate 
and  control  the  use  and  operation  thereof,  and  to  fix,  alter,  reg- 
ulate and  control  the  fares  and  rates  to  be  charged  thereon ; 

And  for  the  purposes  aforesaid,  it  shall  have  power  to  take, 
condemn  and  purchase,  purchase,  acquire  and  retain  water  from 
any  public  or  navigable  lake  or  water  course,  percolating  or 
subterranean  water,  or  any  under-flowing  water  within  the  State, 
and  by  means  of  acqueducts  or  pipe  lines  conduct  the  same  to 
the  City,  and  the  City  is  hereby  authorized  and  empowered  to 
erect  and  bifild  dams  or  other  works  across  or  at  the  outlet  of 
any  lake  or  water  course  in  this  State  for  the  purpose  of  storing 


TACOMA,  WASHINGTON  11 

and  retaininjor  water  therein  up  to  and  above  highwater  mark, 
and  for  all  the  pui*poses  of  erecting  such  aqueducts,  pipe  lines, 
dams  or  water  works  or  other  necessary  structures  in  storing 
and  retaining  water  as  above  provided,  or  for  any  of  the  pur- 
poses provided  for  by  this  section,  the  City  shall  have  the  right 
to  occupy  and  use  the  beds  and  shores  up  to  high  water  mark  of 
any  such  water  course  or  lakes  and  to  acquire  the  right  by  pur- 
chase or  by  condemnation  and  purchase,  or  otherwise,  any  water, 
water  rights,  easments  or  privileges  named  in  this  section  or 
necessar\^  for  any  of  said  purposes ;  provided^  that  no  such  dam 
or  other  structure  shall  impede,  obstruct  or  in  any  way  interfere 
with  public  navigation  or  other  public  uses  of  such  lake  and 
water  course;  provided,  furiher,  that  should  private  property  be 
necessary  for  any  such  purposes  or  for  storing  water  above  high 
water  mark,  the  City  of  Tacoma  may  condemn  and  purchase,  or 
purchase  and  acquire  such  private  property; 

All  or  any  of  the  powers  in  this  section  enumerated  may  be 
exercised  by  the  City  of  Tacoma,  and  the  necessary  elections 
held,  bonds  or  w^arrants  issued  or  funds  created,  in  the  manner 
as  now  is  or  may  hereafter  be  provided  by  the  laws  of  the  State 
of  Washington. 

Sec.  6.  lAmit  of  Debt.— The  City  may  borrow  money  to  be 
used  for  strictly  municipal  purposes,  and  may  incur  indebted- 
ness in  other  ways  for  said  purposes,  but  it  shall  not  for  any 
purpose  become  indebted  in  any  manner  to  an  amount  exceeding 
one  and  one-half  per  centum  on  the  taxable  property  in  the 
City,  without  the  assent  of  three-fifths  of  the  voters  in  the 
City  voting  at  an  election  to  be  held  for  that  purpose,  nor  in 
cases  requiring  such  assent  shall  the  total  indebtedness  of  the 
City  at  any  time  exceed  five  per  centum  of  the  value  of  the  tax- 
able property  in  the  City,  to  be  ascertained  by  the  last  assess- 
ment made  for  City  purposes:  provided,  that  the  City  with  such 
assent  may  become  indebted  in  a  larger  amount  not  exceeding 
five  per  centum  additional  for  the  purpose  of  supplying  the  City 
and  its  inhabitants  with  water,  artificial  light,  and  sewers,  when 
the  works  for  supplying  such  water,  light  and  sewers  are  owned 
and  controlled  by  the  City. 

Sec.  7.  Refunding  Indebtedness.— To  secure  any  existing 
indebtednCvSs  of  the  City  or  any  indebtedness  about  to  be  incur- 
red, the  City  may,  by  ordinance  adopted  in  the  manner  provided 
in  this  Charter,  authorize  the  issuance  of  the  bonds  of  the  City 
therefor,  and  pledge  the  faith  and  property  of  the  City  for  the 
payment  of  such  bonds,  and  direct  the  time  and  manner  of  the 
issuance  of  the  same,  and  the  time  and  manner  of  the  payment 


12  THE  CHARTER  OF  THE  CITY  OF 

of  both  principal  and  interest  thereof,  and  may  from  time  to  time 
authorize  the  refunding  of  any  indebtedne'ss  of  the  City.  No 
bonds  shall  be  sold  until  they  have  been  advertised  for  sale  at 
least  thirty  (30)  days  preceding  the  day  of  sale,  nor  shall  any 
bonds  of  the  City  be  sold  for  less  than  par  and  accrued  interest, 
or  for  a  longer  time  than  twenty  (20)  years. 

Sec.  8.  Enumeration  of  Powers  Not  Exclusive.— The  City 
shall  also  have  all  powers,  privileges  and  functions  which,  by  or 
pursuant  to  the  Constitution  of  this  State,  have  been  or  could 
be  granted  to  or  exercised  by  any  City  of  the  first  class;  it  be- 
ing the  intent  hereof  that  the  specification  of  particular  powers 
by  any  other  provision  of  this  Charter,  shall  never  be  construed 
as  impairing  the  effect  of  the  general  grant  of  powers  of  local 
government  hereby  bestowed. 

Sec.  9.  Exercise  of  Powers.— AW  the  powers  of  the  City 
shall,  except  as  otherwise  provided  in  this  Charter,  be  exercised 
by  the  elective  officers,  subject  to  distribution  and  delegation  of 
such  powers  as  provided  in  this  Charter  or  by  ordinance  not  in 
conflict  herewith. 

ARTICLE  II. 

OFFICERS,  EMPLOYEES  AND  SALARIES. 

Sec.  10.  Classification  of  Service.— AW  persons  in  the  ser- 
vice of  the  City  shall  be  classified  as  follows: 

Class  A.  Elective  Officers,  embracing  a  Mayor,  four  Coun- 
cilmen  and  Controller,  each  of  whom  shall  be  elected  at  large  by 
the  qualified  electors  of  the  City. 

Class  B.  Appointive  Officers,  embracing  City  Clerk,  City 
Attorney,  City  Engineer,  Chief  of  Police,  a  Fire  Chief,  and  such 
other  Chiefs  or  Superintendents  of  departments  as  the  Council 
shall,  by  ordinance  passed  in  the  manner  provided  in  this  Char- 
ter, create  or  establish. 

Class  C.  Clerks  and  Assistants,  embracing  all  persons  em- 
ployed in  a  clerical  capacity  or  as  assistants  to  officers. 

Cla^  D.  Employees,  embracing  all  other  persons  in  the  ser- 
vice of  the  City  not  otherwise  classified. 

Sec.  11.  Qualifications  of  Ofjicers.—^o  person  sh?ll  be 
eligible  to  any  elective  office  of  the  City  while  holding  any  other 
office  under  the  City  Government,  or  any  office  or  employment  in 
the  State,  county  or  school  government,  or  in  the  park  commis- 
sion (except  that  the  Mayor  and  C'ouncilmen  shall  also  be  Com- 
missioners of  Departments  as  in  this  Charter  provided).  Nor 
shall  any  person  be  eligible  to  any  elective  office  of  the  City  who 
at  the  time  of  his  election  is  not  a  citizen  of  the  United  States 


TACOMA,  WASHINGTON  13 

and  a  qualified  elector  according  to  the  laws  of  the  State  of 
Washington  and  the  Charter,  nor  unless  he  shall  be,  at  the  time 
of  his  election,  at  least  twenty-five  years  of  age,  and  shall  have 
been  for  three  years  immediately  preceding  such  election  a  citi- 
zen of  the  City  of  Tacoma. 

Sec.  12.  Restrictions  upon.  Officers  and  Employees.— ^o  of- 
fieer,  elective  or  appointive,  clerk,  assistant  or  employee  of  the 
City  shall  hold  any  office  or  employment  in  the  State,  county  or 
school  government  or  in  the  park  commission.  No  person  shall 
be  elected  or  appointed  to  any  office,  position  or  employment,  th6 
compensation  of  which  was  increased  or  fixed  by  the  Council 
while  he  was  a  member  thereof,  until  after  the  expiration  of  at 
least  one  year  from  the  date  when  he  ceased  to  be  a  member  of 
the  Council. 

Sec.  13.  Further  Restrictions.— 'No  officer  of  the  City, 
whether  elective  or  appointive,  nor  any  Clerk,  Assistant  or  Em- 
ployee, shall  be  directly  or  indirectly  interested  in  any  contract 
with  the  City,  or  with  any  Department,  Board,  Officer  or  Em- 
ployee thereof,  nor  become  security  for  the  performance  of  any 
contract  or  contracts  made  with  or  for  the  City,  or  upon  any 
bonds  given  to  the  City.  The  violation  of  the  provisions  of  this 
section  by  any  such  Officer,  Clerk,  Assistant  or  Employee  shall 
be  sufficient  ground  for  removal  from  office. 

Sec.  14.  Terms  of  Elective  Officers.— ThQ  terms  of  all  elec- 
tive Officers,  except  as  otherwise  provided  herein,  shall  commence 
at  ten  o'clock  A.  M.,  on  the  first  Tuesday  of  May,  following  their 
election,  and  except  as  otherwise  provided  herein,  shall  be  for 
four  years  and  until  their  successors  are  elected  and  qualified; 
provided,  however,  that,  of  the  four  Councilmen  first  elected  un- 
der this  Charter,  the  term  of  the  two  receiving  the  highest  num- 
ber of  votes  shall  be  for  four  years,  and  the  term  of  the  other 
two  shall  be  for  two  years,  and  the  term  of  the  Controller  first 
elected  under  this  Charter  shall  be  for  two  years. 

Sec.  15.  Yacaiwies—When—Hoio  Filled.— li  a  vacancy 
occur  in  the  office  of  Mayor,  Councilman  or  Controller,  the  Coun- 
cil shall  appoint  an  eligible  person  to  fill  such  vacancy  until  the 
next  general  municipal  election,  subject  to  the  provisions  of 
Article  XV.  of  this  Charter.  Any  vacancy  shall  then  be  filled 
by  election  for  the  unexpired  term.  Vacancy  shall  exist  when  an 
elective  officer  fails  to  qualify  for  ten  days  after  notice  of  his 
election,  dies,  resigns,  is  removed  from  office,  removes  from  the 
City,  absents  himself  continuously  therefrom  for  more  than  three 
months,  is  convicted  of  a  felony,  or  judicially  declared  incom- 
petent to  transact  business. 


14  THE  CHARTER  OF  THE  CITY  OF 

Sec.  16.  Removal  of  Mayor  or  Councilmem.— In  case  of 
misconduct,  inability  or  wilful  neglect  in  the  performance  of  the 
duties  of  his  office,  the  Mayor  or  any  Councilman  may  be  re- 
moved from  office  by  the  Council  by  a  vote  of  four  members,  but 
he  shall  be  given  an  opportunity  to  be  heard  in  his  defense  and 
shall  have  the  right  to  appear  by  counsel  and  to  have  process 
issue  to  compel  the  attendance  of  witnesses  who  shall  be  required 
to  give  testimony,  if  he  so  request.  In  such  cases  the  hearing 
shall  be  public  and  a  full  and  complete  statement  of  the  reasons 
for  such  removal,  if  he  be  removed,  together  with  the  findings 
of  fact  as  made  by  the  Council,  shall  be  filed  by  the  Council  with 
the  City  Clerk  and  shall  be  and  become  a  matter  of  public  rec- 
ord. 

Sec.  17.  Office  Hours.— It  shall  be  the  duty  of  each  of  the 
elective  officers  of  the  City  to  maintain  regular  office  hours  ^t 
the  City  Hall.  The  Council  shall  by  ordinance  fix  the  office  hours 
of  all  other  Officers,  Clerks,  Assistants  and  Office  Employees. 

Sec.  18.  Salai-y  of  Mayor.— The  salary  of  the  Mayor  shall 
be  Four  Thousand  Dollars  per  annum,  payable  in  equal  month- 
ly installments. 

Sec.  19.  Salary  of  Counoilme7i.—The  salary  of  each  Coun- 
cilman shall  be  Thirty-six  Hundred  Dollars  per  annum,  payable 
in  equal  monthly  installments. 

Sec.  20.  Salary  of  Controller.— The  salary  of  the  Control- 
ler shall  be  Twenty-four  Hundred  Dollars  per  annum,  payable 
in  equal  monthly  installments. 

Sec.  21.  Salaries  of  Other  Officers,,  Clerks,  ^^c— Except  as 
herein  otherwise  provided,  the  Council  shall  by  ordinance  fix 
the  compensation  of  all  salaried  Officers,  Clerks,  Assistants  and 
Employees,  and  until  such  compensation  has  been  fixed  by  ordi- 
nance as  aforesaid,  the  same  shall  remain  as  now  provided. 

Sec.  22.  Removal  Terminates  Salary. — In  case  of  removal 
of  any  Officer,  Clerk,  Assistant  or  Employee  his  right  to  salary 
or  compensation  shall  thereupon  cease. 

Sec.  23.  Appointment  by  Couneil.-The  City  Clerk  and 
City  Attorney  shall  be  appointed  by  the  Council,  and  commis- 
sioned by  the  Mayor. 

Sec.  24.  Appointments  Confirmed  hy  C oimcil. —JJpon.  the 
appointment  by  the  Commissioner  of  the  appropriate  depart- 
ment, and  confirmation  by  the  Council,  the  Mayor  shall  commis- 
sion all  other  appointive  officers  ar;  in  this  Article  defined. 

Sec.  25.  Appointment  of  Clerics.  Assistants,  Etc.—JJpon 
the  appointment  of  the  Commissioner  of  the  appropriate  depart- 
ment, the  Mayor  shall  commission  all  Clerks  and  Assistants  and 


TACOMA,  WASHINGTON  15 

Employees;  except  day  laborers  and  unskilled  workmen,  who 
shall  be  employed  by  the  Commissioner  of  the  appropriate  de- 
partment. 

Sec.  26.  Oaths.— "Kwery  officer  shall,  before  he  enters  upon 
the  duties  of  his  office,  take,  subscribe  and  file  with  the  City 
Clerk,  an  oath  or  affirmation  to  supi>ort  the  Constitution  of  the 
United  States  and  the  Constitution  of  the  State  of  Washino^ton, 
and  to  faithfully  perform  the  duties  of  the  office  upon  which  he 
shall  be  about  to  enter. 

Sec.  27.  Bonds.— li  any  Officer,  Clerk,  Assistant  or  Em- 
ployee, is  required  by  law  or  by  this  Charter  or  by  ordinance  to 
give  bond,  he  shall  not  be  deemed  qualified  for  his  office  or  em- 
ployment until  such  bond  has  been  duly  approved  and  filed.  All 
such  bonds  must  be  approved  by  the  Mayor  and  Controller,  and 
the  Controller  shall  be  the  custodian  thereof,  except  as  to  the 
bond  of  the  Controller,  which  shall  be  approved  by  the  Mayor 
and  Commissioner  of  Finance,  and  the  Mayor  shall  have  custody 
thereof. 

AVithin  ten  days  after  the  election  or  appointment  of  any 
such  Officer,  Clerk,  Assistant  or  Employee  has  been  legally  made 
or  declared,  he  shall  deliver  such  bonds  to  the  City  Clerk  in  the 
penal  sum  and  with  such  surety  or  sureties  as  shall  be  so  re- 
quired, conditioned  that  he  will  faithfully  and  impartially  per- 
form the  duties  of  his  office  or  employment. 

Bonds  of  surety,  guaranty,  indemnity  or  insurance  com- 
panies, which  are  organized  and  empowered  by  law  to  give  such 
bonds,  shall  be  deemed  equivalent  to  ordinary  official  bonds  exe- 
cuted by  such  officers  and  signed  by  other  sureties. 

No  such  bond  shall  be  held  to  be  void  because  of  any  defect 
in  form,  recital,  conditions  or  substance,  nor  shall  any  principal 
or  surety  be  discharged  from  liability  thereon  because  of  any 
such  defect :  but  every  bond  intended  as  an  official  bond  or  an  em- 
ployee's  bond  under  this  section  shall  hold  and  bind  the  parties 
to  it  to  the  full  extent  contemplated  by  the  law.  Charter  or  ordi- 
nance requiring  the  same. 

Any  Officer,  Clerk,  Assistant  or  Employee  who  shall  accept 
any  office  or  employment  to  which  he  may  be  elected  or  appoint- 
ed, shall  be  held  bound  in  the  penal  sum  of  any  bond  required 
by  Charter,  ordinance  or  by  law  to  be  given  by  him  for  the  faith- 
ful and  impartial  performance  of  the  duties  of  his  office  or  em- 
ployment whether  in  fact  siich  bond  be  given  or  not. 

A  reasonable  charge  by  a  surety  company  for  qualifying 
upon  such  bonds  may,  when  approved  by  the  Commissioner  of 
Finance,  be  paid  by  the  City  upon  appropriation  by  the  Council. 


16  THE  CHARTER  OF  THE  CITY  OF 

Sec.  28.  Shall  Receive  no  Commission  or  Profit.— 'No  of- 
ficer, Clerk,  Assistant  or  Employee  shall  receive  any  commission, 
money  or  thing  of  value,  or  derive  any  profit,  benefit  or  advan- 
tage, direct  or  indirect,  from  or  by  reason  of  any  dealings  with  or 
services  for  the  City  by  himself  or  others,  or  from  or  by  reason 
of  any  alterations,  improvements  or  repairs  required  or  done  by 
authority  of  the  City,  except  his  lawful  compensation  as  such 
Officer,  Clerk,  Assistant  or  Employee  and  except  his  share  of 
the  public  benefit. 

No  Officer,  Clerk,  Assistant  or  Employee  shall  accept  direct- 
ly or  indirectly,  from  the  holder  of  any  public  utility  franchise 
in  the  City,  any  frank,  free  ticket,  free  service,  or  other  service 
upon  terms  more  favorable  than  those  granted  to  the  public  gen- 
erally. This  prohibition  shall  not  extend  to  nor  be  construed  to 
prohibit  the  City  from  requiring  from  or  receiving  from  any 
person  or  corporation  owning  or  operating  or  applying  for  a 
franchise,  to  construct  or  operate  any  street  car  line  within  the 
City,  free  transportation  for  any  of  the  Officers,  Clerks,  Assist- 
ants or  Employees  of  the  City  while  in  the  actual  discharge  of 
their  duties,  such  free  transportation  to  be  furnished  to  the  prop- 
er Officers  of  the  City  for  distribution  to  such  employees;  nor 
shall  this  prohibition  be  construed  to  apply  or  extend  to  tele- 
phone service  or  use  by  the  City  of  poles,  wires  or  conduits  re- 
quired from  any  telephone  company  by  the  terms  of  any  fran- 
chise which  has  been  or  may  hereafter  be  granted  by  the  City. 

Any  violation  of  this  section  shall  be  ground  for  removal. 

Sec.  29.  Religious  or  Political  Opinions  Not  to  Affect  Ap- 
pointments.—All  appointive  officers  and  employees  of  the  City 
shall  be  selected  or  appointed  with  reference  to  their  qualifica- 
tions and  fitness,  and  for  the  good  of  the  public  service.  No  ap- 
pointment to  position  under  the  City  government  shall  be  made 
or  withheld  by  reason  of  any  religious  or  political  opinions  or 
affiliations  or  political  services,  and  no  appointment  to  or  selec- 
tion for  or  removal  from  any  office  or  employment,  and  no  trans- 
fer, promotion,  reduction,  reward  or  punishment  shall  be  in  any 
manner  affected  by  such  opinions,  affiliations  or  services.  Any 
violation  of  the  provisions  of  this  section  shall  be  ground  for  re- 
moval from  office  of  the  party  guilty  thereof. 

Sec.  30.  Official  Books,  Records,  Etc.— {a)  All  books, 
records  and  papers  of  every  office,  department,  board  or  com- 
mission are  City  property  and  must  be  kept  as  such  by  the  proper 
officers  or  employees  during  their  continuance  in  office,  and  then 
delivered  to  their  successors,  who  shall  give  duplicate  receipts 
therefor,  one  of  which  shall  be  filed  with  the  City  Clerk.     The 


TACOMA,  WASHINGTON  17 

failure  to  deliver  such  books,  records  and  papers  shall  be  a  mis- 
demeanor. 

(b)  Certified  copiers  or  extracts  from  the  books,  records 
and  files  shall  be  ^iven  by  the  Officer,  Board,  Commission  or  Em-, 
ployee  havinsr  the  same  in  custody,  to  any  person  demandino:  the 
same  and  payinpr  for  such  copies  or  extra<its;  but  the  records  of 
the  Police  Department  shall  not  be  subject  to  inspection  or  copy 
without  the  permission  of  the  appropriate  Commissioner. 

(c)  All  equipments,  collections,  models,  materials,  instru- 
ments, tools  and  implements  which  are  collected,  maintained, 
used  or  kept  by  the  City  or  by  any  Department,  Board  or  Com- 
mission, shall  be  City  property,  and  be  duly  turned  over  by  the 
custodian  thereof  to  his  successor,  or  duly  accounted  for. 

Sec.  31.  Attend  to  Duties.— All  persons  holding  any  office 
or  employment  under  the  City,  whether  elective  or  appointive, 
shall  be  required  to  engage  in  the  actual  work  of  the  office  or 
employment  so  held,  to  the  extent  that  their  services  may  be 
necessarj^  for  the  full  and  complete  discharge  of  the  duties  of 
said  office  or  employment,  and  a  failure  so  to  do  shall  be  ground 
for  removal.  • 

Sec.  32.  Officers  Personally  Liable.— Salary  Fixed,— ¥or 
gross  misconduct  or  malfeasance  in  office,  the  officer  guilty  there- 
of shall  be  personally  responsible  for  all  damages  accruing  there- 
by, either  to  the  City  or  to  any  person,  firm  or  corporation. 

The  salaries  fixed  in  this  Charter  for  elective  officers  shall 
be  considered  their  full  compensation  for  all  duties  performed 
by  them,  whether  as  such  officers,  or  as  Commissioners  of  any  de- 
partments, or  otherwise. 

AKTICLE  III. 

THE  COUNCIL.. 

Sec.  33.  Legislative  Powers.— The  legislative  powers  of  the 
City  shall,  except  as  othenvlse  provided  in  this  Charter,  be  vest- 
ed exclusively  in  a  Council  which  shall  consist  of  the  ]\Iayor  and 
four  Councilmen. 

Sec.  3-4.  Presideiit  and  Vice-President.— The  Mayor  shall 
be  ex-officio  President  of  the  Council  and  when  present  shall  pre- 
side at  all  meetings  of  the  Council.  The  Council  shall  elect  one 
of  its  members  to  be  Vice-President,  who,  during  the  absence  or 
disabilitv^  of  the  Mayor,  or  while  any  vacancy  exists  in  the  office 
of  the  Mayor,  shall  passess  all  the  powers  and  perform  all  the 
duties  of  the  Mayor. 

Sec.  35.  Bides— Journal— Publie.— The  Council  shall  es- 
tablish rules  for  its  government,  keep  a  journal  of  its  proceed- 


18  THE  CHARTER  OF  THE  CITY  OF 

ings,  which  shall  be  a  public  record,  and  permit  the  publication 
of  the  same.  The  ayes  and  nays  shall  be  called  upon  any  ques- 
tion upon  the  demand  of  any  member,  and  a  vote  so  taken  shall 
be  entered  in  full  upon  the  journal. 

Sec.  36.  MedUngs—Two  KiTids— Public— At  ten  o'clock  A. 
M.,  on  the  first  Tuesday  in  IVTay  following  the  canvass  of  the 
municipal  election,  the  Council  shall  meet,  at  Avhich  time  the 
newly  elected  Councilmen  shall  assume  the  duties  of  their  office. 

The  Council  shall  meet  at  such  other  times  as  it  may  by 
Ordinance  or  Resolution  determine,  provided,  that  it  shall  meet 
in  legislative  sessions  at  least  weekly. 

The  Council  shall  meet  daily  in  administrative  sessions  at 
an  hour  to  be  fixed  by  Ordinance  or  Resolution,  but  no  legisla- 
tive business  shall  be  considered  or  acted  upon  at  such  meetings. 

Special  legislative  meetings  of  the  Council  shall  be  called  by 
the  City  Clerk  upon  the  written  request  of  the  Mayor  or  any 
two  Councilmen ;  said  request  to  state  the  subjects  to  be  consid- 
ered at  the  meeting  and  no  other  subject  shall  be  considered  at 
such  meeting.    All  the  meetings  of  the  Council  shall  be  public. 

Sec.  37.  Qxionim— Clerk  of  Council.— A  majority  of  all  the 
members  of  the  Council  shall  constitute  a  quorum  to  do  business, 
but  a  less  number  can  adjourn  from  day  to  day  or  until  the 
next  regular  meeting,  and  may  compel  the  attendance  of  absent 
members  in  such  manner  as  the  Council  may  by  Ordinance  or 
Resolution  provide. 

The  City  Clerk  shall  be  the  Clerk  of  the  Council  and  shall, 
with  the  Mayor,  sign  and  attest  all  ordinances  and  resolutions. 

Sec.  38.  Ordinances.— (a)  The  legislative  acts  of  the 
Council  shall  be  by  Ordinance,  the  subject  of  which  shall  be 
clearly  set  out  in  its  title;  and  no  ordinance  shall  contain  more 
than  one  subject.  The  enacting  clause  of  every  ordinance  shall 
be  "Be  it  Ordained  by  the  City  of  Tacoma."  Every  member, 
when  present,  must  vote  and  every  Ordinance  shall  require  on 
final  passage,  the  affirmative  vote  of  at  least  three  members. 

(6)  The  ayes  and  nays  shall  be  taken  upon  the  passage  of 
all  Ordinances  and  Resolutions,  and  shall  be  entered  upon  the 
Journal. 

(c)  No  Ordinance  shall  be  passed  finally  on  the  date  of 
its  introduction,  except  in  the  case  of  public  emergency,  and 
then  only  when  requested  by  the  Mayor  or  two  Councilmen  in 
writing,  which  request  shall  be  filed  with  the  City  Clerk.  No 
Ordinance  making  a  grant  of  any  franchise  or  special  privilege 
shall  ever  be  passed  as  an  emergency  measure. 


TACOMA,  WASHINGTON  19 

(d)  Every  Ordinance  shall,  within  five  days  after  its  pas- 
sage, be  published  once  in  the  official  newspaper  of  the  City,  and 
no  Ordinance  shall  take  effect  or  be  in  force  until  after  the  ex- 
piration of  ten  days  from  such  publication,  excepting  emergency 
Ordinances  which  shall  take  effect  immediately  after  publication, 
subject  always  to  the  provisions  of  Article  XVIII.  of  this  Char- 
ter. Provided^  however,  that  no  Ordinance  granting  a  franchise 
shall  become  effective  until  after  the  expiration  of  thirty  days 
from  the  date  of  its  publication, 

{e)  Ever\^  Ordinance  after  its  passage  shall  be  recorded  in 
a  book  to  be  called  ''Ordinance  Record"  kept  for  that  purpose, 
which  record  of  each  Ordinance  shall  be  authenticated  by  the 
signatures  of  the  !Mayor  and  that  member  of  the  Council  who  is 
acting  Commissioner  of  Finance,  and  attested  by  the  City  Clerk. 

(/)  No  Ordinance  obligating  the  City  for  the  payment  of 
more  than  One  lliousand  Dollars  ($1,000),  or  vacating  any 
street,  highway  or  alley  or  any  part  thereof,  shall  be  passed  be- 
fore the  second  regular  legislative  meeting  of  the  Council  after 
its  introduction,  nor  until  read  in  full  at  two  regular  legislative 
meetings  of  the  Council, 

{g)  No  Ordinance  or  section  thereof  shall  be  revised  or 
amended  except  by  Ordinance  adopted  in  the  manner  provided 
in  this  Charter  appropriate  to  the  subject  matter  of  the  Ordi- 
nance so  amended  or  revised,  which  ilew  Ordinance  shall  contain 
the  entire  Ordinance  or  section  as  amended  and  shall  repeal  the 
Ordinance  or  section  so  amended ;  nor  shall  the  Council  by  resolu- 
tion or  motion  exempt  any  person  or  corporation  from  the  provis- 
ions or  requirements  of  any  Ordinance,  nor  suspend  any  Ordi- 
nance or  portion  thereof  except  by  another  Ordinance  repealing 
the  same,  and  no  ordinance  or  section  thereof  shall  be  repealed 
except  by  Ordinance  adopted  in  the  manner  provided  in  this 
Charter. 

Sec.  39.  Appropriations  of  Money. — All  appropriations  of 
money  shall  be  by  Ordinance,  and  no  money  shall  be  drawn 
from  the  Treasur>^  except  in  pursuance  of  an  appropriation; 
prox'^ided,  always^  that  where  a  fund  has  been  created  to  be  ex- 
pended for  a  specific  purpose,  the  same  may  be  paid  as  therein 
provided  by  order  of  the  Council  or  proper  Board  or  Officer  hav- 
ing charge  of  such  specific  fund. 

Sec.  40.  Structures  on  Streets. — The  Council  shall  not  al- 
low or  permit  the  erection  of  any  house,  building,  booth,  stan«l, 
or  like  structure,  in  any  street,  avenue  or  alley,  within  the  limits 
of  the  City ;  provided,  that  this  section  shall  not  apply  to  drink- 
inof  fountains. 


20  THE  CHARTER  OF  THE  CITY  OF 

Sec.  41.  Power  to  Establish  Offices.— The  Council  shall, 
consistent  with  the  provisions  of  this  Charter,  create  any  office, 
position  or  employment  that  may  in  its  opinion  be  necessary  or 
expedient,  and  fix  the  salary  and  duties  thereof.  It  may  at  any 
time  abolish  the  same,  whereupon  the  salary  attached  thereto 
shall  cease. 

Sec.  42.  Monthly  Statements.— The  Council  shall  cause  to 
be  printed  each  month  in  pamphlet  form  a  statement  of  all  re- 
ceipts and  expenditures  of  the  City,  by  Departments,  and  a  sum- 
mary of  its  proeeedinors  during  the  preceding  month,  and  furnish 
printed  copies  thereof  to  the  Public  Library,  the  daily  newspa- 
pers of  the  City,  and  persons  who  shall  apply  therefor  at  the 
office  of  the  City  Clerk. 

Sec.  43.  Exercise  of  Certain  Poiuers. — The  powers  of  the 
City  enumerated  in  Sec.  4  of  Article  I.  of  this  Charter  shall  be 
exercised  by  Ordinance  adopted  in  the  manner  provided  in  this 
Charter. 

Sec.  44.  Vote  on  Appoinimeiits.— All  votes  upon  appoint- 
ments shall  be  by  roll  call,  and  the  ayes  and  nays  shall  be  record- 
ed. The  vote  of  at  least  three  members  shall  be  necessary  for 
appointment. 

Sec.  45.  Vdte  on  Salaries.— The  fixing  of  salaries  of  ap- 
pointive officers  and  employees  shall  be  by  Ordinance,  and  at 
least  four  votes  shall  be  required  for  the  passage  of  such  Ordi- 
nance. 

Sec.  46.  Official  Newspaper.— The  Council  shall  annually 
let  the  public  printing  to  the  lowest  and  best  bidder,  who  shall 
give  a  bond  to  the  City  in  such  sum  as  may  be  fixed  by  the  Coun- 
cil, to  well  and  faithfully  perform  the  contract,  should  he  re- 
ceive the  contract  for  doing  the  City  printing;  and  it  shall  be 
the  duty  of  the  Council,  after  having  let  the  contract  for  the 
City  printing  to  designate  the  new^spaper  published  by  the  party 
receiving  said  contract  as  the  official  newspaper  of  said  city.  All 
Ordinances,  Resolutions,  Notices,  and  Assessment  Sales,  and  oth- 
er Proceedings,  Statements,  doings  or  matters  of  the  City  requir- 
ed to  be  published  shall  be  published  therein. 

Sec.  47.  Vacation  of  Streets^  Change  of  Grade,  Appropria- 
tion of  Private  Property. — All  proceedings  for  the  vacation  of 
any  street,  highway  or  alley,  or  any  part  thereof,  or  for  the 
change  of  grade  thereof,  by  the  Council,  and  all  proceedings  for 
the  appropriation  of  private  property  for  use  by  the  City,  shall 
be  had  and  conducted  as  is  now  or  may  hereafter  be  provided  by 
general  law. 


TACOMA.  WASHINGTON  21 

ARTICLE  IV. 

MAYOR. 

Sec.  48.  Mayor  Chief  Executive.— The  Mayor  shall  be  the 
chief  executive  oflficer  of  the  City  of  Tacoma ;  shall  be  ex-officio 
a  member  of  the  Council,  and  it  shall  be  his  duty  to  participate 
in  all  proceedinfrs  of  the  Council,  and  he  shall  have  a  vote  on  all 
questions  cominof  before  the  Council. 

Sec.  49.  Have  Supervnsion  of  Department Sy  Officers  and 
Employees.— He  shall  vigilantly  observe  the  official  conduct  of 
all  public  officers  and  take  note  of  the  fidelity  and  exactness,  or 
the  want  thereof,  with  which  they  execute  their  duties  and  obli- 
crations.  especially  in  the  collection,  custody,  administration  and 
disbui-sement  of  the  public  funds  and  property,  and  the  books, 
records  and  official  papers  of  all  Departments,  Boards,  Officei-s 
and  persons  in  the  employ  or  service  of  the  City,  shall  at  all 
times  be  open  to  his  inspection  and  examination;  and  a  failure 
or  refusal  of  any  such  Officers,  Clerks,  Assistants  or  Employees 
to  exhibit  books  or  papers  or  records  so  required  shall  be  ground 
for  removal.  He  shall  take  special  care  to  see  that  the  books  and 
records  of  said  Departments,  Boards,  Officers  and  persons  are 
kept  in  legal  and  proper  form;  and  any  official  defalcation  or 
wilful  neglect  of  duty  or  official  misconduct  which  he  may  dis- 
cover, or  which  shall  be  reported  to  him,  shall  be  laid  by  him  be- 
fore the  Council  and  the  Grand  Jury  or  Prosecuting  Attorney  of 
Pierce  County,  in  order  that  public  interests  shall  be  protected 
and  the  person  in  default  be  proceeded  against  according  to  law. 
He  shall  from  time  to  time  give  the  Council  information  in  ^^Tit- 
ing  relative  to  the  state  of  the  City,  and  shall  recommend  such 
measures  as  he  may  deem  beneficial  to  its  interest.  He  shall  take 
care  that  this  Charter,  the  laws  of  the  State,  and  the  Ordinances 
of  the  City  are  duly  enforced  within  the  City  and  its  jurisdic- 
tion. He  shall  have  a  general  supervision  over  all  the  depart- 
ments and  public  institutions  of  the  City,  and  see  that  they  are 
honestly,  economically  and  lawfully  conducted.  He  shall,  with 
the  aid  of  the  Commissioner  of  Public  Safety,  take  all  proper 
measures  for  the  preservation  of  public  order  and  the  suppression 
of  all  riots  and  tumults,  for  which  purpose  he  is  authorized  and 
empowered  to  use  and  command  the  police  force. 

Sec.  50.  Sign  Contracts  and  Other  Instruments.— The  May- 
or shall  sign  all  deeds,  contracts,  bonds  and  other  instruments 
requiring  the  assent  of  the  City.  He  shall  see  that  all  contracts 
and  agreements  with  the  City  are  faithfully  kept  and  performed, 
and  to  that  end  shall,  when  so  directed  by  the  Council,,  cause  le- 
gal proceedings  to  be  commenced  and  prosecuted  in  the  name  of 


22  THE3  CHARTER  OF  THE  CITY  OF 

the  City  against  all  persons  or  corporations  failing  to  fulfil  their 
agreements  or  contracts,  either  in  whole  or  in  part.  He  shall 
sign  all  complaints,  answers  and  replies  in  any  suit  in  which  the 
City  is  made  a  party. 

Sec.  51.  Appoint  Experts. — The  Mayor  shall  have  power, 
with  the  approval  of  the  Council,  to  appoint  experts  to  examine 
the  affairs  of  any  Officer  or  Department  of  the  City  whenever  he 
shall  deem  it  necessary. 

Sec,  52.  Employ  Fublic  Acoouiitant.—^ldQ  Mayor  shall  era- 
ploy  for  a  stipulated  compensation  at  the  beginning  of  each  fis- 
cal year,  a  certified  public  accountant,  who  shall  examine  at  least 
once  each  year  the  books,  records  and  reports  of  the  Treasurer 
and  of  all  Officers  and  Employees  who  receive  or  disburse  City 
moneys,  and  the  books,  records  and  reports  of  such  other  Officers, 
Clerks,  Assistants,  Employees  and  Departments  as  the  Mayor  or 
Council  may  direct ;  and  make  quadruplicate  reports  thereof,  and 
present  one  each  to  the  Mayor  and  Commissioner  of  Finance, 
and  file  one  with  the  City  Clerk  and  one  with  the  City  Controller. 
Such  accountant  shall  have  unlimited  privilege  of  investigation 
and  examination  under  oath  or  otherwise  of  Officers,  Cleric,  As- 
sistants and  Employees  ot  the  City;  and  every  such  Officer, 
Clerk,  Assistant  and  Employee  shall  give  all  required  assistance 
and  information  to  such  accountant,  and  submit  to  the  account- 
ant such  books  and  papers  of  his  office  as  may  be  requested,  and 
the  failure  or  refusal  so  to  do  shall  be  ground  for  removal  of 
such  Officer  or  Employee  so  refusing.  The  Council  shall  pro- 
vide for  the  payment  of  the  services  of  such  accountant,  by  Ordi- 
nance. 

Sec.  53.  General  Powers.— The^  Mayor  shall  have  and  exer- 
cise such  pcwers,  ]")ierogatives  and  authority  as  are  conferred  by 
the  provisions  of  this  Charter,  or  as  may  be  conferred  upon  him 
by  the  Council,  or  by  the  general  laws  of  the  State,  not  incon- 
sistent wiih  ^he  general  purposes  and  provisions  of  this  Charter. 

ARTICLE  V. 

EXECUTIVE   AJSTD    ADMINISTRATIVE  DEPARTMENTS. 

Sec.  54.  Distribution.— Tlcvo,  executive  and  administrative 
powers,  authority  and  duties  of  the  City  of  Tacoma,  not  other- 
wise provided  for,  shall  be  distributed  among  five  Departments, 
as  follows: 

i^ir^^— Department  of  Public  Affairs,  Health  and  Sanitation. 

/S^ecow?— Department  of  Public  Safety. 

T/itrcZ— Department  of  Public  Works,  Streets,  Improvements 
and  Property. 


TACOMA,  WASHINGTON  23 

Fourth— Deipartment  of  Light  and  Water. 

jPi/f/i.— Department  of  Finance. 

Sec.  55.  Commissioners  of  Departments  —  Bonds.  —  The 
!Mayor  shall  be  the  Commissioner  of  Public  Affairs,  Health  anl 
Sanitation,  The  Council  at  its  first  regular  meeting  after  the 
election  of  its  members  shall  designate  by  majority  vote  one 
Councilman  to  be  Commissioner  of  Public  Safety;  one  to  be 
Commissioner  of  Public  Works,  Streets,  Improvements  and  Prop- 
erty ;  one  to  be  Commissioner  of  Light  and  Water ;  and  one  to  be 
Commissioner  of  Finance.  Provided,  however^  that  if  the  Coun- 
cil is  unable  to  agree  upon  such  designation,  the  Mayor  shall  have 
the  authority  to  make  such  designation. 

Each  Commissioner,  except  the  Commissioner  of  Finance, 
shall  give  a  bond  to  be  approved  and  filed  as  in  this  Chartei' 
provided,  in  the  sum  of  Ten  Thousand  Dollars,  conditioned  for 
the  faithful  discharge  of  his  duties  as  such  Commissioner. 

Each  Commissioner  shall,  once  each  month  on  the  day  to  be 
designated  by  the  Council,  submit  to  the  Council  a  statement  of 
all  receipts  and  expenditures  of  his  department  and  a  summary 
of  its  doings  for  the  preceding  month. 

Sec.  56.  Council  May  Change  Designations.— Tho.  Council 
may  change  such  designations,  except  that  of  Department  of 
Public  Affairs,  Health  and  Sanitation,  by  Ordinance  or  by  Res- 
olution, whenever  it  shall  determine  that  the  public  service  re- 
quires such  change. 

Sec.  57.  CoitTicil  Assign  DuHes.— The  Council  shall  deter- 
mine and  assign  the  duties  of  the  several  departments,  not  in- 
consistent with  the  provisions  of  this  Charter  and  not  otherwise 
provided  herein;  shall  prescribe  the  duties  of  appointive  offi- 
cers and  employes ;  may  assign  particular  Officers  and  Employees 
to  one  or  more  of  the  departments  may  require  an  Officer  or  Em- 
ployee to  perform  duties  in  one  or  more  departments,  and  may 
make  such  other  rules  and  regulations  as  may  be  deemed  neces- 
sary or  proper  for  the  efficient  and  economical  conduct  of  the 
business  of  the  City. 

Sec.  58.  Commissioner  Have  Supervision.— The  Conunis- 
sioner  for  each  of  the  departments  shall  have  the  supervision 
and  control  of  all  of  the  affairs  and  property  belonging  to 
such  department,  except  as  otherwise  provided  in  this  Charter, 
or  by  Ordinance,  subject  to  such  regulations  as  may  be  pre- 
scribed by  the  Council. 

Sec.  59.  Commissioner  Purchase  Supplies,— The  Commis- 
sioner for  each  of  said  Departments  shall  make  such  purchases 
of  materials  and  supplies  for  his  Department  as  may  be  author- 


24  THE  CHARTER  OF  THE  CITY  OF 

ized  by  the  Council  or  by  general  ordinance  passed  in  the  man- 
ner provided  in  this  Charter,  but  he  shall  make  no  purchase  of 
any  material  or  supplies  of  an  amount  or  value  in  excess  of 
Five  Hundred  Dollars,  except  upon  written  contract  and  after 
advertising  for  competitive  bids  for  furnishing  such  materials 
or  supplies,  by  causing  notice  inviting  sealed  proposals  there- 
for to  be  posted  conspicuously  in  the  office  of  such  Commis- 
sioner and  published  in  the  Official  Newspaper  for  not  less 
than  five  days.  Said  notice  and  advertisement  shall  invite 
sealed  proposals  to  be  delivered  at  a  certain  day  and  hour  at 
the  office  of  such  Commissioner  for  furnishing  materials  or 
supplies,  and  shall  contain  a  general  description  of  the  materi- 
als or  supplies  to  be  furnished,  the  time  within  which  the  same 
must  be  furnished,  the  amount  of  bond  to  be  given  by  the 
contractor,  and  shall  refer  to  specifications  on  file  in  the  office 
of  said  Commissioner  for  full  details  and  description  of  such 
materials  or  supplies.  All  proposals  shall  be  made  upon  print- 
ed forms  prepared  by  the  Commissioner  of  such  Department, 
and  furnished  gratuitously  upon  application,  with  a  form  for 
the  affidavit  provided  for  in  Section  117,  of  this  Charter,  print- 
ed thereon;  and  each  bid  shall  be  accompanied  by  an  affidavit 
as  provided  in  said  section.  On  the  day  and  hour  specified  in 
said  notice  inviting  sealed  proposals,  all  bids  shall  be  delivered 
to  the  Commissioner  by  the  bidder  or  his  agent  within  the  two 
hours  named  in  the  advertisement,  and  the  award  on  said  bids 
shall  in  all  cases  be  made  to  the  lowest  and  best  bidder,  and  in 
the  manner,  so  far  as  applicable,  as  set  out  in  Section  118  of 
this  Charter. 

Sec.  60.  Contracts— How  Executed.— AW  contracts  enter- 
ed into  by  the  Commissioner  of  any  Department  shall  be  execut- 
ed in  triplicate,  on  behalf  of  the  City,  by  the  Mayor,  and  coun- 
tersigned by  the  Controller;  one  of  which  copies  shall  be  filed 
with  said  Commissioner,  one  with  the  Controller,  and  the  other 
delivered  to  the  contractor. 

Sec.  6L  Bonds  of  Contractors.— The  performance  of  every 
contract  entered  into  by  the  Commissioner  of  any  Department 
on  behalf  of  the  City,  shall  be  secured  by  a  reasonable  bond, 
the  amount  of  which  shall  be  fixed  by  the  Commissioner  in  his 
advertisement  for  bids,  except  as  otherwise,  provided  in  this 
Charter.  All  bonds  required  by  this  Section  shall  be  approved 
by  the  Controller  before  acceptance,  and  filed  in  the  Control- 
ler's office. 

Proi^ided,  that,  in  case  of  any  contract  for  work,  labor  or 
material,  Or  for  work,  labor  and  material,  for  Avhich  if  the  same 


TACOMA,  WASHINGTON  25 

were  done  or  furnished  for  a  private  party,  a  lien  could  be  tak- 
en, the  contractor  shall,  in  the  bond  given  thereon,  also  provide 
for  the  protection  of  all  laborers,  mechanics,  sub-contractors  and 
material  men.  and  all  persons  who  shall  supply  such  contractoi: 
or  sub-contractor  with  pro\'isions  or  supplies  for  the  carrying  on 
of  such  work,  all  just  debts,  dues  and  demands  incurred  in  the 
performance  of  such  work  as  required  by  law,  which  bond  shall 
be  in  an  amount  and  executed  with  such  sureties  and  condition- 
ed as  provided  in  Section  121  of  this  Charter,  and  shall  be 
filed  in  the  office  of  the  Controller. 

ARTICLE  VI. 

DEPARTMENT  OF  HELU^TH  AND  SANITATION, 

Sec.  62.  Commissioner  Have  Supervision— Appointments. 
—The  Commissioner  of  Public  Affairs,  Health  and  Sanitation 
shall  have  general  supervision  of  the  Department  of  Health  and 
Sanitation.  He  shall  appoint  and,  as  Mayor,  shall  commission  a 
Health  Officer.  City  Chemist,  Market  and  Pure  Food  Inspector, 
and  Plumbing  Inspector,  subject  to  confirmation  by  the  Coun- 
cil. Said  Officers  shall  be  classed  in  Class  B  of  the  City  service 
for  all  the  purposes  of  this  Charter.  He  shall  also  appoint 
and,  as  Mayor,  commission  all  such  other  Inspectors,  Clerks. 
Assistants  and  Employees  as  may  be  provided  by  the  Council 
by  Ordinance  for  the  efficient  administration  of  this  Depart- 
ment of  the  City  Government.  Such  other  appointees  shall  be, 
unless  othervnse  provided  by  Ordinance,  classed  in  Class  C  of 
the  City  service  for  all  the  purposes  of  this  Charter. 

Sec.  63.  Authority  of  Commissioner  and  Inspector.— ^2i\\\ 
Commissioner  shall  have  general  supervision  over  the  sanitary 
condition  of  the  City,  and  shall  have  power  to  compel  owners  of 
property  to  keep  the  .same  free  from  anything  filthy,  obnoxious 
or  dangerous  to  health.  He,  or  any  authorized  Inspector 
of  his  Department,  shall  inspect,  when  called  upon  by  any 
person,  or  when  in  his  or  their  opinion  it  seems  necessary,  all 
provisions,  meats,  fish,  fruit,  vegetables,  bread,  flour,  pork,  whis- 
k\^  beer.  wine,  milk  and  water,  and  all  liquids  and  any  and  all 
things  offered  for  sale  to  be  used  as  food  or  drink,  and  shall  have 
the  right  to  enter  for  the  purpose  of  making  such  examination 
and  inspection,  any  place  or  building  where  any  provisions, 
fruits,  vegetables,  whisky,  beer,  wine,  milk  or  other  liquids  are 
kept  for  sale:  and  no  person  shall  be  permitted  to  sell  or  dis- 
pose of  anything  pronounced  by  said  Commissioner  as  unfit  to 
be  u«ed  for  food  or  drink,  and  all  such  articles  or  things  shall 
be  seized  and  destroyed  by  said  Commissioner. 


26  THE  CHARTER  OF  THE  CITY  OF 

Sec.  64.  Qualifications  of  Health  Officer,  Etc.— The  Health 
Officer  shall  be  a  graduate  of  a  reputable  medical  college  and 
shall  have  practiced  medicine  for  at  least  five  years.  He  shall 
have  been  a  resident  of  this  City  for  at  least  two  years  next  pre- 
ceding- his  appointment,  and  shall  be  licensed  to  practice  medi- 
cine in  this  State,  and  shall  have  his  license  filed  with  the  County 
Clerk  of  Pierce  County,  in  accordance  with  general  law.  Such 
Health  Officer  shall  devote  as  much  time  as  is  necessary  to  the 
duties  of  his  office.  The  City  Chemist  shall  be  a  person  skilled 
and  qualified  for  the  efficient  and  capable  performance  of  the 
duties  usually  appertaining  to  such  office.  The  Plumbing  In- 
spector shall  be  a  plumber  of  five  years'  practical  experience 
and  regularly  licensed  under  the  laws  of  this  State. 

Sec.  65.  Power  of  Arrest.— The  Commissioner  of  Public 
Affairs,  Health  and  Sanitation,  and  all  regularly  appointed  Em- 
ployees of  the  Department  of  Health  and  Sanitation  shall  have 
the  right  and  power  to  arrest  any  person  or  persons  who  may 
violate  any  of  the  rules  and  regulations  of  thej  Department.  It 
shall  also  be  the  duty  of  any  Police  Officer  or  Policeman  to  ar- 
rest any  person  or  persons  guilty  of  such  violation. 

Sec.  66.  Council  Make  Ordi'imnces.-The  Council  shall 
make  all  Ordinances  and  regulations  which  may  be  necessary  or 
expedient  for  the  preservation  of  the  public  health  and  the  sup- 
pression of  disease. 

Sec.  67.  Duties  of  Physicians  and  Householders. — Every 
person  in  the  City  shall  promptly  report  in  writing  to  the  De- 
partment of  Health  and  Sanitation,  every  patient  whom  he 
shall  have  sick  of  an  infectious,  contagious  or  communicable 
disease  dangerous  to  public  health :  and  every  householder,  upon 
reasonable  notice  from  said  Department,  that  an  occupant  of 
his  or  her  house  is  suffering  from  any  infectious,  contagious  or 
communicable  disease,  dangerous  to  the  public  health,  shall 
forthwith  adopt  such  preventive  means  and  regulations  as  said 
Department  shall  prescribe.  Every  person  who  shall  fail  to  re- 
port such  case  of  sickness  as  required  herein,  and  every  house- 
holder who  shall  fail  to  comply  with  the  rules,  requirements  and 
regulations  of  said  Department,  shall  be  subject  to  such  fines  and 
penalties  as  the  Council  may  by  Ordinance  prescribe. 

Sec.  68.  Harhor  Master— Appointment  and  Duties.— The 
Commissioner  of  Public  Affairs,  Health  and  Sanitation  shall  ap- 
point, and,  as  Mayor,  commission  a  Harbor  Master ,who  shall  have 
supervision  over  the  harbor  and  wharves  within  the  City  lim- 
its, under  the  general  direction  of  said  Commissioner.  He  shall 
recommend  to  said  Commissioner  any  health  regulation  that  i). 


TACOMA,  WASHINGTON  27 

his  judgment  may  be  required  within  the  harbor  limits  of  the 
City.  He  shall  see  that  proper  lights  are  established  and  main- 
tained on  the  wharves  and  in  the  harbor,  look  after  buoys  and 
anchorage  for  vessels.  The  Harbor  blaster  shall  recommend  to 
the  Commissioner  of  Public  Works  such  improvements  and 
things  necessary  to  be  done,  and  to  the  Commissioner  of  Safety 
such  police  regulations  as  in  his  judgment  may  be  required.  He 
shall  have  such  other  power  and  perform  such  other  duties  as 
may  be  prescribed  by  Ordinance. 

ARTICLE  VII. 

DEPARTMENT  OF  PUBLIC  SAFETY. 

Sec.  69.  Cmnmiss'icnier  Have  Supervision— Appointments. 
—The  Council  shall,  by  Ordinance,  provide  for  the  establish- 
ment and  maintenance  of  a  Police  Department,  a  I]ire  Depart- 
ment, a  Free  ^lunicipal  Employment  OiBce,  the  office  of  License 
Inspector,  and  the  office  of  Building  Inspector.  The  Commis- 
sioner of  Public  Safety  shall  have  supervision  and  control  of 
these  Departments  and  Offices,  and  upon  the  appointment  of  the 
Commissioner,  the  Mayor  shall  commission  a  Chief  of  the  Po- 
lice Department,  a  Chief  of  the  Fire  Department,  a  Superintend- 
ent of  the  Employment  Office,  a  License  Inspector,  and  a  Build- 
ing Inspector,  subject  to  confirmation  by  the  Council. 

police  department. 
Sec.  70.  Duties  of  Chief  of  Police.— The  Chief  of  Police 
shaU  be  the  head  of  the  Police  force  of  the  City,  and  all  Police- 
men shall  be  under  his  immediate  direction  and  command.  All 
Policemen  shall,  while  in  office,  be  considered  the  deputies  of 
the  Chief  of  Police,  and  shall  have  the  same  power  as  the  Chief 
in  regard  to  the  execution  and  service  of  process  and  arresting 
offenders  with  or  without  warrant  within  the  City  limits.  The 
Chief  of  Police  must  execute  all  process  issued  by  the  Police 
Justice  or  any  committing  Magistrate  of  the  City;  he  must  at- 
tend regularly  upon  the  Police  Courts  of  the  City  and  the  meet- 
ings of  the  Council;  he  shall  make  arrests  for  breach  of  the 
peace,  for  commission  of  crime  or  misdemeanor,  with  or  without 
warrant,  as  a  peace  officer  may  do  under  the  laws  of  the  State 
of  "Washington ;  he  shall  exercise  vigilant  control  over  the  peace 
and  quiet  of  the  City ;  he  shall  have  supervision  over  the  City 
Jail,  unless  othenvise  provided  by  Ordinance.  He  shall  keep 
a  correct  record  of  all  arrests  made  by  him  or  any  policeman, 
showing  the  time  when  and  the  cause  of  complaint  upon  which 
such  arrest  was  made ;  and  shall  submit  in  writing,  at  least  once 
each  month,  a  full  report  to  the  Commissioner  of  Public  Safety. 


28  THE  CHARTER  OF  THE  CITY  OF 

He  shall  perform  such  other  duties  and  have  such  other  power's 
as  shall  be  provided  by  Ordinance. 

Sec.  71.  Appaintmenii  of  Police  Officers.— Vpon  appoint- 
ment by  the  Commissioner  of  Public  Safety,  the  Mayor  shall 
commission  such  Captains,  Sergeants  and  other  sub-officers  as 
the  proper  organization  of  the  police  force  may  require,  includ- 
ing a  Public  Morals  Officer.  Such  Police  Officer  shall  be  class- 
ed in  Class  C  of  the  City  service  for  all  the  purposes  of  this 
Charter, 

Sec.  72.  Appointment  of  Policemen.— JJpon  appointment 
by  the  Commissioner  of  Public  Safety,  the  Mayor  shall  commis- 
sion such  number  of  Policemen  as  may  from  time  to  time  be 
provided  for  by  the  Council  by  Ordinance,  Such  Policemen 
shall  be  classed  in  Class  D  of  the  City  service  for  all  the  pur- 
poses of  this  Charter. 

Sec.  73.  Police  Matron — Appm7ii\ment  of. — Upon  the  re- 
commendation in  writing  of  not  less  than  twenty  women,  resi- 
dents of  the  City  in  good  standing,  a  Police  Matron  shall  be  ap- 
pointed by  the  Commissioner  of  Public  Safety  and  Commis- 
sioned by  the  Maj^or.  She  shall  be  subject  to  the  Commissioner 
of  Public  Safety,  and  shall  have  such  powers  and  rights  and 
perform  such  duties  as  are  now  or  may  hereafter  be  provided 
by  law. 

Sec.  74.  Police  Jnsfice— Powers— Salary.— \^\i\Yin  ten  days 
after  the  election  of  Justices  of  the  Peace  in  the  City  of  Tacoma 
under  the  general  law,  the  Mayor  shall  appoint  one  of  the  Jus- 
tices so  elected,  a  Police  Justice  of  the  City,  who  shall  have  such 
powers  and  jurisdiction  and  perform  such  duties  as  Police  Jus- 
tice as  are  now  or  may  hereafter  be  provided  by  the  general  law 
of  the  State  or  by  Ordinance  passed  in  the  manner  provided  in 
this  Charter. 

The  salary^  of  such  Police  Justice  to  be  fixed  in  addition  to 
his  salary  as  Justice  of  the  Peace,  shall  be  fixed  by  the  Council 
by  Ordinance,  and  such  additional  salary  shall  be  paid  wholly 
out  of  the  funds  of  the  City  in  equal  monthly  installments.  The 
salary  shall  be  as  now  fixed  by  Ordinance  until  ehaneed  by 
Ordinance  adopted  in  the  manner  provided  in  this  Charter. 

FIRE  department. 

Sec.  75.  Appointmeitt  of  Officers,  Etc.—JJipon  appoint- 
ment of  the  Commissioner  of  Public  Safety,  the  Mayor  shall 
commission  such  Assistant  Chiefs,  Captains  and  other  sub-offi- 
cers as  the  proper  organization  of  the  Fire  Department  may 
require.  Such  appointees  shall  be  classed  in  Clas§  C  of  the  City 
service  for  all  the  purposes  of  this  Charter, 


TACOMA,  WASHINGTON  29 

Sec.  76.  Appointmeni'  of  Firemen:— JJpon  appointment  by 
the  Commissioner  of  Public  Safety,  the  ^layor  shall  commis- 
sion such  number  of  Firemen  as  may  from  time  to  time  be  pro- 
vided for  by  the  Council  by  Ordinance.  Such  firemen  shall  be 
classed  in  Class  D  of  the  City  service  for  all  the  purposes  of  this 
Charter. 

Sec.  77.  Pawers  of  Chief.— The  Chief  of  the  Fire  Depart- 
ment shall  have  immediate  control  and  manaorement  of  all  fire 
engines  and  fire  apparatus  belonging  to  the  City,  and  all  mem- 
bers and  employees  of  the  Fire  Department  shall  be  under  his 
immediate  control  and  command.  He  shall  submit  in  writing, 
at  least  once  each  month,  to  the  Commissioner  of  Public  Safety,  a 
statement  of  the  nimiber  of  men  employed,  their  compensation, 
condition  of  his  Department,  and  such  other  things  as  may  be 
necessary  to  apprise  him  of  the  condition  of  the  Fire  Depart- 
ment. He  shall  have  such  other  powers  and  perform  such  other 
duties  as  shall  be  provided  by  Ordinance. 

LICENSE  INSPECTOR. 

Sec.  78.  Duties  of.— It  shall  be  the  duty  of  the  License 
Inspector  to  make  recommendations  to  the  Commissioner  of  Pub- 
lic Safety  in  reference  to  all  applications  for  licenses  submitted 
to  the  Council;  he  shall  be  vigilant  in  seeing  that  the  terms  of 
all  such  licenses  issued  are  complied  with;  he  shall  at  all  times 
have  authority  to  inspect  all  licenses  issued,  except  as  otherwise 
provided  in  this  Charter,  and  to  examine  the  building,  place,  or 
premises  where  the  privileges  granted  by  any  license  are  being 
exercised ;  he  shall  have  the  power  and  authority  to  enforce  com- 
pliance with  the  terms  of  all  licenses  issued.  He  shall  perform 
such  other  duties  and  have  such  other  powers  as  the  Council 
shall  prescribe. 

EMPLOYMENT  OFFICE. 

Sec.  79.  Duties  of  Superintendent.— The  Superintendent 
of  the  Free  ^lunicipal  Employment  Office  shall  keep  in  touch 
with  labor  conditions  in  Tacoma  and  the  surrounding  country, 
and  shall  be  diligent  in  seeking  to  obtain  work  for  the  unem- 
ployed. He  shall  inspect  and  supervise  all  licensed  employment 
agencies  in  the  City.  He  shall  notify  those  seeking  employment 
whether  or  not  strike  conditions  prevail  at  the  place  where  thev 
intend  going.  He  shall  ^  also  require  all  licensed  employment 
ofi^ices  in  the  City  to  give  similar  notice.  Failure  to  do  so  will  be 
sufficient  ground  for  the  revocation  of  their  licenses.  He  shall 
perform  such  other  duties  and  have  such  other  powers  as  the 
Council  may  prescribe. 


30  THE  CHARTER  OF  THE  CITY  OF 

BUILDING  INSPECTOR. 

Sec.  80.  Duties  of. — Tlie  Council  shall  by  Ordinance  pre- 
scribe the  duties  of  the  Buildings  Inspector.  Until  such  Ordinance 
is  passed  his  powers  and  duties  shall  be  governed  by  Ordinances 
now  existing. 

ARTICIiE  YIII. 

DEPABTMENT  OF  PUBLIC   WORKS,   STREETS,  IMPROVEMENTS 
AND  PROPERTY. 

Sec.  81.  Commissioner  Have  Supervision.— The  Commis- 
sioner of  the  Department  of  Public  Works,  Streets,  Improve- 
ments and  Property  shall  be  known  as  the  Commissioner  of 
Public  Works.  He  shall  have  the  supervision  and  control  of 
all  streets,  public  works,  ways,  public  places,  buildings,  and  im- 
provements, except  as  otherwise  provided  in  this  Charter  or  by 
Ordinance  adopted  in  the  manner  provided  in  this  Charter. 

Sec.  82.  Clerks  and  Employees.— There  shall  be  appointed 
in  the  manner  provided  in  the  Charter,  a  Chief  Clerk  of  the 
Commissioner  of  Public  Works,  a  City  Engineer,  and  all  such 
other  Clerks,  Assistants  and  Employees  for  said  Department  as 
may,  in  the  opinion  of  the  Council,  be  or  become  necessary  to  the 
efficient  administration  of  said  Department. 

Sec.  83.  Diities  of  Chief  Clerk.— The  Chief  Clerk  of  the 
Commissioner  shall  keep  a  record  of  all  of  the  transactions  of 
the  Department.  He  shall  cause  the  publication  of  all  notices 
authorized  by  this  Article  or  by  any  Ordinance  to  be  published 
in  connection  with  any  of  the  affairs  or  business  of  the  Depart- 
ment. He  shall  perform  such  other  duties  as  the  Commissioner 
of  said  Department  shall  prescribe. 

Sec.  84.  Commissioner  Have  Charge  of  Improvements. — 
Subject  to  the  direction  and  control  of  the  Council  and  Laws  of 
the  State  of  Washington  and  Ordinances  of  the  City,  the  Com- 
missioner of  Public  Works  shall  have  charge  of  and  superintend 
all  local  improvements.  He  shall  also  have  charge  of  and  super- 
intend such  other  public  works  of  the  City  as  may  by  Ordinance 
be  assigned  to  his  Department. 

Sec.  85.  Commissioner  Custodian  of  Maps,  Etc.— The  Com- 
missioner of  Public  Works  shall  have  possession  of  and  keep  all 
maps,  surveys  and  field-notes  relative  to  surveys  and  plats  of 
the  City  and  of  streets  and  public  places  thereof,  and  all  plans, 
specifications,  contracts,  books,  documents,  papers,  machinery, 
tools  and  appliances  belonging  to  the  City  and  pertaining  to 
matters,  by  this  Charter  or  by  Ordinance  of  the  Council,  as- 
signed to  said  Department  of  Public  Works,  Streets,  Improve- 
ments and  Property,  and  all  other  property  belonging  to  the 


TACOMAl,  WASHINGTON  31 

City  not  otherwise  provided  for  in  this  Charter.  He  shall  file 
such  data  and  furnish  such  information  as  may  be  required  by 
the  Council. 

Sec.  86.  Other  Duties  and  Powers.— T\iQ  Commissioner  of 
Public  AVorks  shall  have  special  charge  and  control,  subject  to 
such  Ordinances  as  the  Council  may  adopt,  of  all  improvements 
of  the  harbor  and  water  front,  and  control  of  all  streets,  high- 
ways, roads,  bridges,  wharves,  ferries  and  public  places  belong- 
ing to  the  City  or  dedicated  to  public  use,  and  of  the  improve- 
ment and  repair  thereof,  except  as  otherwise  provided  in  this 
Charter;  of  all  sewers,  drains  and  cesspools,  and  all  work  per- 
taining thereto,  or  to  the  drainage  of  the  City;  of  the  cleaning 
and  sprinkling  of  streets  and  of  repairs  upon  streets;  of  the 
construction  and  repair  of  public  buildings  and  the  making  of 
public  improvements  for  the  City  under  his  authority,  and  of 
the  repair  of  such  improvements.  He  shall  have  exclusive  au- 
thority to  prescribe  rules  and  grant  permits  in  conforimty  with 
the  ordinances  of  the  City,  for  the  moving  of  buildings  through 
the  streets,  the  building  or  placing  of  cellars  or  vaults  under  the 
streets  or  sidewalks,  and  the  construction  of  steps  or  other  ap- 
proaches to  buildings ;  the  putting  up  of  signs  and  awnings ;  the 
location  of  steam  boilers,  the  laying  do^\Ti  and  construction  of 
railroad  tracks  in  the  streets ;  the  erection  of  telephone  and  tele- 
graph poles  and  wires;  the  construction  of  drains  and  sewers; 
the  laying  doi^Ti  and  taking  up  of  gas,  steam  and  water  pipes, 
pneumatic  or  other  tubes  and  pipes,  and  sewers  and  drains,  and 
determining  the  location  thereof  and  prescribing  such  rules  as 
shall  prevent  unnecessary  damage  to  the  streets  by  reason  of 
the  laying  of  said  pipes,  tubes  and  sewers,  and  which  shall  pre- 
vent interference  vnih.  such  systems :  the  use  of  the  streets  or  any 
portion  thereof  in  front  of  a  building  during  its  construction  or 
repair,  or  for  any  other  purpose  than  such  as  ordinarily  and 
properly  belongs  to  the  public  from  the  dedication  thereof  to 
public  use.  He  shall  have  full  power  to  regulate  and  control, 
subject  to  the  ordinances  of  the  City  and  the  powers  delegated 
by  this  Charter  and  the  Council  to  other  Commissioners  having 
peculiar  and  special  charge  of  any  public  places,  of  the  anchor- 
age of  vessels  in  the  harbor  of  the  City,  the  manner  of  using  the 
streets,  sidewalks,  wharves,  harbors,  parks  and  public  places, 
and  to  prevent  and  remove  obstructions  therefrom,  and  to  cause 
the  prompt  repair  of  streets,  sidewalks  and  public  places  when 
the  same  may  be  taken  up  and  altered.  He  is  authorized  to 
collect,  by  suit  or  otherwise,  in  the  name  of  the  City,  the  ex- 
pense of  such  repairs  from  the  person  or  persons  by  whom  such 


32  THE  CHARTER  OF  THE  CITY  OF 

sidewalk  or  street  Avas  injured  or  torn  up.  He  shall  regulate, 
subject  to  the  requirement  of  the  Commissioner  of  Public  Af- 
fairs, Health  and  Sanitation  and  the  Ordinances  of  the  Council, 
the  construction  of  sinks,  gutters,  wells,  cesspools  and  privy 
vaults,  and  compel  the  cleaning  and  emptying  of  the  same,  and 
regulate  the  time  and  manner  in  which  such  work  shall  be  done. 

CITY  KNGINEER. 

Sec.  87.  Qualifications,  Duties,  Powers.— ^o  person  shall 
be  eligible  to  the  office  of  city  Engineer  who  is  not  a  civil  engineer 
of  practical  experience.  He  shall  do  all  civil  engineering  and 
surveying  required  in  the  prosecution  of  all  public  works  assign- 
ed to  the  Department  of  Public  Works,  and  in  the  prosecution 
of  all  local  improvements  done  under  the  direction  of  the  Com- 
missioner of  Public  Works,  and  shall  do  and  perform  any  and 
all  other  work  that  ^may  be  required  of  him  by  the  Council, 
whether  the  same  pertains  to  said  Department  or  any  other  of 
the  Administrative  Departments  of  the  City ;  he  shall  certify  the 
progress  and  completion  of  all  such  work,  and  do  such  other  work 
in  connection  with  the  Department  of  Public  Works  as  he  may 
be  directed  to  do  by  the  Commissioner  of  said  Department.  He 
shall  possess  the  same  power  in  the  City  in  making  surveys, 
plats  and  certificates,  as  is  or  may  be  from  time  to  time  given 
by  law  to  the  County  Engineer,  and  his  official  acts,  and  all 
plats,  surveys  and  certificates  made  by  him  shall  have  the  same 
validity  and  be  of  the  .same  force  and  effect  as  are  or  may  be 
given  by  law  to  those  of  the  County  Engineer. 

Sec.  88.  Engineer's  Charges.— The  Council  shall  by  Ordi- 
nance, upon  the  recommendation  of  the  Commissioner  of  Public 
Works,  establish  such  charges  as  may  be  proper  for  the  ser- 
vices to  be  performed  by  the  City  Engineer  other  than  for  thj 
City,  not  inconsistent  with  the  laws  of  the  State,  and  may, 
upon  like  recommendation,  change  and  adjust  the  same.  Said 
Engineer  may  require  such  charges  to  be  paid  in  advance  to  the 
Clerk  of  the  Commissioner  for  any  official  act  or  service  demand- 
ed of  him,  and  the  money  received  for  such  service  shall  be  turn- 
ed over  to  the  Treasurer  and  placed  to  the  credit  of  the  general 
fund.  Duplicate  receipts  shall  be  given  for  such  fees  or  charges, 
one  of  which  shall  be  filed  with  the  Controller. 

Sec.  89.  Plats  of  Additions— Surveys,  Monuments.— The 
Council  shall  regulate  and  provide  the  manner  in  which  addi- 
tions to  the  City  shall  be  subdivided,  laid  out  and  platted,  and 
may  cause  an  official  map  of  the  City  to  be  made  and  kept  for 
public  inspection,  which  map,  certified  by  the  City  Engineer, 
shall  be  prima  facie  evidence  that  the  lines  as  they  appear  are 


TACOMA,  WASHINGTON  S3 

correct:  and  all  surveys  made  by  the  City  Engine*^**  at  the  in- 
stance and  expense  of  the  City  or  private  parties  shall  be  offi- 
cial surveys,  and  a  minute  thereof  shall  be  kept  by  the  City 
En^neer  as  a  part  of  his  official  records,  and  shall  be  prima 
facie  evidence  of  their  own  correctness,  and  the  City  shall  have 
power  to  prevent  the  sale  of  any  real  property  not  subdivided 
as  aforesaid,  and  a  plat  whereof  is  not  made  and  filed  as  herein 
provided,  and  to  compel  the  establishment  and  maintenance  of 
monuments,  and  to  pass  any  and  all  Ordinances  necessary  or 
expedient  for  earrj^ing:  any  of  the  provisions  of  this  section  into 
effect,  and  to  fine  or  imprison,  or  both,  for  a  violation  thereof; 
and  when  the  boundary  or  existence  of  any  public  street,  alley, 
square  or  easement  is  in  doubt,  and  the  land  claimed  by  a  priv- 
ate party,  the  City  may  file  a  bill  in  equity  to  determine  thtj 
rio-ht  thereto. 

STREET  IMPROVEMENT, 

Sp:c.  90.  Applications  for—Cmincil's  Authority  to. — All 
applications  for  establishing  or  changing  the  grade  of  any  street 
or  streets,  the  improvement  of  public  grounds  or  buildings,  the 
laying  out,  establishing,  opening,  vacating,  closing,  straighten- 
ing, widening  or  improving  of  any  street,  road  or  highway,  or 
for  the  construction  of  any  bridge  or  viaduct,  or  laying  out  or 
opening  of  any  new  street  through  public  or  private  property, 
and  for  all  public  improvements  which  involve  the  necessity 
of  taking  private  property  for  public  use,  or  where  any  part 
of  the  cost  or  expense  thereof  is  to  be  assessed  upon  private  prop- 
erty, shall  be  made  to  the  Commissioner  of  Public  Works,  and 
such  work  or  improvement  shall  not  be  ordered  or  authorized 
until  after  he  shall  have  reported  to  the  Council  upon  said  ap- 
plication. But  before  any  work  or  improvements  as  above  con- 
templated shall  be  commenced,  the  Council,  when  recommended 
by  the  Commissioner  of  Public  Works,  shall  pass  a  resolution 
ordering  that  said  work  be  done,  provided,  that  all  applications 
for  the  purpase  of  changing  the  grade  or  of  making  any  im- 
provement of  any  street,  avenue  or  alley  within  the  City,  shall 
be  signed  by  the  owners  of  more  than  one-half  of  the  property 
abutting  on  said  street,  avenue  or  alley;  provided,  fiofther,  that 
the  Council  may,  without  petition  or  recommendation,  have  pow- 
er to  order  the  improvement  of  any  street,  avenue  or  alley,  or 
any  part  thereof,  of  the  building  of  any  bridge  or  viaduct,  by  a 
vote  of  four  members  of  the  Council. 

Sec.  91.  Survey— Resolution— Remonstrance.  —  Upon  the 
adoption  or  passage  of  any  resolution  by  the  Council  for  the  im- 
provement of  any  street,  avenue  or  alley,  or  for  the  construe- 


S4  the;  charter  of  the  city  of 

tion  of  any  bridge  or  viaduct,  the  Commissioner  of  Public 
Works  shall  cause  a  survey,  diagram  and  estimate  of  the  entire 
cost  thereof  to  be  made  by  the  City  Engineer ;  said  diagram  and 
estimate  shall  be  filed  in  the  office  of  the  Commissioner  of  Public 
Works  for  the  inspection  of  all  persons  interested  therein.  The 
Clerk  of  said  Commissioner  shall  forthwith  cause  a  notice  of  such 
filing  to  be  published  daily  for  five  days  in  the  official  newspa- 
per ;  such  notice  shall  contain  a  copy  of  the  said  resolution  pass- 
ed by  the  Council,  and  must  specify  the  street,  highway,  avenue, 
or  alley,  or  part  thereof  proposed  to  be  improved,  and  the  kind 
of  improvement  proposed  to  be  made,  together  with  the  estimated 
cost  and  expense  thereof,  and  also  a  general  description,  suffi- 
cient for  identification,  of  the  property  to  be  charged  Avith  the 
expense  of  making  such  improvement,  and  that  if  sufficient  re- 
monstrance be  not  made  before  the  expiration  of  fifteen  days  af- 
ter the  date  of  the  last  publication,  said  improvement  will  be 
made  at  the  expense  of  the  owners  of  the  lots  and  parcels  of  land 
described  in  said  notice,  as  hereinafter  provided;  but  if  withir^ 
fifteen  days  after  the  final  publication  of  said  notice  the  per- 
sons owning  one-half  or  more  of  the  lots  or  parcels  of  land  to  be 
taxed  for  said  improvement  shall  file  with  the  Clerk  of  the  Com- 
missioner of  Public  AVorks  a  remonstrance  against  said  improve- 
ment, grade  or  alteration,  the  same  shall  not  be  made  at  the  ex- 
pense of  the  lots  so  described,  unless  the  Council,  by  a  vote  of 
four  members  thereof,  order  said  improvement  made  notmth- 
standing  said  remonstrance. 

Sec.  92.  Consent  to  Improvement, When— Cost  Limit.— li  no 
remonstrance  be  made  and  filed  as  provided  in  the  last  precedinsr 
section,  then  the  owners  of  the  lots  and  parcels  of  land  describe  1 
in  said  notice  shall  be  deemed  to  have  consented  to  such  improve- 
ments ;  or  if  such  remonstrance  has  been  made  and  filed,  and  the 
Council  has  ordered  such  improvements  to  be  made  or  work  to 
be  done,  the  -expense  thereof  shall  be  charged  to  the  property 
described  in  said  notice  in  the  manner  as  hereinafter  provided, 
and  the  Commissioner  of  Public  Works  shall,  at  his  earliest  con- 
venience, and  within  six  months  thereafter,  establish  the  pro- 
posed grade  or  make  the  proposed  improvement;  provided,  that 
no  improvement  shall  be  made  when  the  estimated  cost  thereof 
shall  exceed  fifty  per  centum  of  the  assessed  value  of  the  prop- 
erty to  be  assessed. 

Sec.  93.  Cost  and  Expense  of  —How  Assessed.— The  cost 
and  expense  of  malring  any  improvement  shall  be  assessed  upon 
the  adjoining,  contiguous,  or  proximate  lots  or  parcels  of  land 


TACOMA,  WASHINGTON  35 

benefited  thereby,  or  upon  any  other  property  benefited  thereby, 
in  the  following  manner: 

The  Commissioner  of  Public  Works  shall  examine  all  the 
property  embraced  in  said  assessment  district  and  ascertain 
and  determine  what  benefits  will  result  to  each  and  every  lot  anl 
parcel  of  land;  and  after  such  examination  and  determination 
shall  make  out  an  assessment  roll,  charging  the  lots,  blocks  and 
parcels  of  land  in  said  assessment  district  which  have  been  bene- 
fited by  said  improvement  to  the  extent  of  their  proportionate 
part  of  such  cost  and  expense  and  in  an  equitable  manner  in 
proportion  to  the  special  benefits  resulting  to  each  lot  and  parcel ; 
and  in  no  case  shall  the  amount  so  charged  against  any  lot  or 
parcel  be  in  excess  of  the  benefits  resulting  thereto.  And  in 
making  said  assessment,  when  said  Commissioner  of  Public 
Works  finds  and  determines  that  an  assessment  by  the  front  foot 
will  result  in  charging  said  lots  and  parcels  of  land  equitably  and 
fairly  in  proportion  to  the  benefits  resulting  to  each  respectively, 
he  may  apportion  such  cost  and  expense  in  accordance  with  the 
number  of  lineal  feet  of  said  real  estate  or  lots  of  land  fronting 
on  said  improvement  as  aforesaid.  The  amount  apportioned  to  be 
paid  on  each  lineal  foot  fronting  on  said  improvement  shall  be 
paid  by  the  adjoining,  contiguous  or  proximate  property,  as  fol- 
lows : 

Lots  abutting  endwise  upon  any  street  to  be  improved  shall 
be  assessed  the  full  amount  as  determined  by  their  foot  frontage ; 
any  lot  or  parcel  of  land  lying  directly  and  lengthwise  along  the 
line  of  improvement  at  any  street  corner  or  intersection  shall  be 
assessed  one-half  of  the  amount  as  determined  by  its  frontage,and 
the  remaining  one-half  assessed  upon  the  lots  to  the  center  of  the 
block;  if  the  land  be  unplatted  and  belong  to  the  same  person 
or  persons,  then  the  first  twenty-five  feet  lying  directly  and 
lengthwise  along  the  line  of  improvement  shall  be  assessed  onc- 
half  the  amount  as  determined  by  its  frontage,  and  the  remain- 
ing one-half  to  the  depth  of  one  hiuidred  and  fifty  feet  from  the 
proposed  improvement;  provided,  however,  that  if  the  parcel  of 
land  fronting  along  said  proposed  improvement  and  belonging 
to  any  one  person  or  persons  shall  be  less  than  twenty-five  feet, 
the  said  strip  shall  bear  one-half  of  the  expense  of  said  im- 
provement as  determined  by  its  frontage,  and  the  remaining  one- 
half  assessed  upon  the  balance  of  said  property  to  the  depth  of 
one  hundred  and  fifty  feet:  and  proiHded  fuHher,  that  any  par- 
cel of  land  in  Y  or  triangular  shape,  the  angle  of  which  is  ad- 
joining, contiguous  or  proximate  to  the  line  of  improvement, 
shall  be  considered  as  a  lot  having  twentv-five  feet  front  on  the 


36  THE  CHARTER  OF  THE  CITY  OP 

improvement.  And  provided,  that  the  several  amounts  charged 
against  said  lots  respectively  shall  in  no  case  be  in  excess  of  the 
benefits  resulting  to  the  same  from  such  improvement.  And 
whenever  the  manner  of  making  such  assessment  by  the  front 
foot  as  herein  specified  shall  not  result  in  a  fair  and  equitable 
division  and  apportionment  of  such  costs  and  expenses  upon  the 
benefited  property,  in  proportion  to  the  special  benefits  resulting 
to  each  lot  or  parcel  of  land,  and  in  all  cases  where  the  improve- 
ment shall  consist  of  the  construction  of  a  bridge  or  viaduct  as 
a  separate  improvement,  then  the  said  Commissioner  of  Public 
Works  shall  not  make  said  assessment  in  that  manner,  but  shall 
adopt  such  a  plan  or  manner  of  dividing  and  apportioning  the 
said  costs  and  expenses  and  charging  the  same  upon  the  several 
lots  and  parcels  of  land  in  the  assessment  district  benefited  by 
said  improvement,  as  Avill  be  fair  and  equitable,  and  will  make 
the  charges  against  each  lot  and  parcel  of  land  respectively  pro- 
portionate to  the  benefits  resulting  to  each  and  so  that  in  no  case 
shall  the  charge  against  any  lot  or  parcel  of  land  be  in  excess  of 
the  benefits  resulting  thereto. 

Sec.  94.  Assessment  Roll— Contents.— Tl[ie  Commissioner  of 
Public  Works  shall  make  out  and  certify  to  the  Council,  an 
assessment  roll  which  shall  show  and  exhibit  in  separate  columns, 
first,  the  name  of  the  owner  of  each  separate  lot,  piece,  parcel 
or  subdivision  of  land  separately  assessed,  if  known  to  him;  if 
the  name  of  the  owner  be  unknown,  the  word  ''unknown"  shall 
be  written  opposite  the  number  of  such  subdivision  of  land; 
second,  a  brief  description,  by  lot  and  block,  or  otherwise,  of  each 
subdivision  of  land;  third,  the  assessment  number  of  each  sub- 
division of  land  separately  assessed ;  fourth,  the  amount  assesed 
separately  to  each  of  such  subdivisions;  fifth,  a  diagram  show- 
ing the  street,  highway  or  alley  proposed  to  be  improved,  and 
the  lots  or  parcels  of  land  to  be  assessed  for  such  improvement ; 
such  diagram  shall  be  marked  with  the  numbers  corresponding 
with  the  assessment  number  of  each  subdivision  of  land. 

Sec.95.  Filing  Assessment  Roll— Notice  o/.— Upon  receiv- 
ing said  assessment  roll,  the  City  Clerk  shall  forthwith  give 
notice  by  publication  for  at  least  five  days  in  the  official  news- 
paper, that  the  assessment  roll  is  on  file  in  his  office,  the  date  of 
filing  the  same,  and  that  the  same  is  open  for  public  inspection, 
and  said  notice  shall  state  a  time  within  which  the  Council  will 
meet  to  hear  appeals  of  parties  aggrieved  by  such  assessment. 

Sec.  96.  Appeal— Tim^— Manner.— Tlie  owner  of  land  m 
said  assessment  district,  whether  named  or  not  in  the  assessment 
roll,  may,  within  ten  days  after  the  first  publication  of  the  notice 


TACOMA,  WASHINGTON  37 

provided  for  in  the  last  preceding  section,  appeal  to  the  Council 
from  said  assessment  or  assessment  roll;  said  appeal  shall  be  in 
writing,  briefly  stating  the  objections  to  the  said  assessment  or 
assessment  roll,  and  be  filed  with  the  City  Clerk. 

Sec.  97.  Hearing— Judgment  Final,  Except. — At  the  time 
appointed  for  hearing  appeals  from  said  assessment,  the  Council 
shall  hear  and  decide  upon  all  objections  which  shall  have  been 
filed  by  any  party  interested  to  the  regularity  of  the  proceeding 
.a  making  said  improvement  or  in  levying  said  assessment,  or 
to  the  correctness  of  the  amount  of  said  assessment,  or  of  the 
amount  levied  upon  any  particular  lot  or  parcel  of  land ;  ejid  if 
the  proceedings  are  found  by  them  to  have  been  regular,  they 
shall  correct  any  errors  which  may  be  found  in  the  assessment, 
and  shall  pass  an  order  approving  and  confirming  said  pro- 
ceedings; and  said  assessment  as  so  corrected  by  them,  and  their 
decision  and  order  shall  be  a  final  determination  of  the  regular- 
ity, validity  and  correctness  of  said  assessment,  and  of  the 
amount  thereof  levied  upon  each  lot  or  parcel  of  land,  and  shall 
bar  all  persons  appearing  and  objecting  or  failing  to  appear 
from  any  further  recourse  in  law,  except  by  an  appeal  therefrom 
to  the  Superior  Court  in  the  manner  prescribed  by  law. 

Sec.  98.  Payment  of  Assessment,  Time,  Interest. — The 
Council  must  provide  in  said  order  approving  and  confirming 
such  assessments  within  what  time  the  same  may  be  paid  to  the 
Treasurer;  and  all  such  assessments  not  paid  to  the  Treasurer 
within  such  time  shall  thereafter  draw  interest  at  the  rate  of  ten 
per  cent,  per  annum  until  paid. 

Sec.  99.  Bids— Contracts  in  TFnfm^.— Before  entering  in- 
to any  contract  for  any  improvement,  the  Commissioner  of  Pub- 
lic Works  shall  invite  sealed  bids  for  such  improvement  as 
provided  by  this  Charter,  and  such  contract  shall  be  made  in 
writing. 

Sec.  100.  Lien  of  Assessment. — All  such  assessments  shall 
be  liens  upon  the  property  assessed,  and  all  such  liens  shall  relate 
back  to  and  take  effect  as  of  the  time  of  the  first  publication  of 
the  notice  of  the  proposed  improvement  provided  for  in  Section 
91  hereof. 

Sec.  101.  Treasurer  Collect.— The  Treasurer  shall  be  col- 
lector of  all  such  assessments  for  improvements,  both  before  and 
after  delinquency. 

Sec.  102.  Demand  far  Payment  Unnecessary. — No  demand 
shall  be  necessary  for  any  such  assessment,  but  it  shall  be  the 
duty  of  every  person  whose  property  is  assessed  for  improve- 


38  THE  CHARTER  OF  THE  CITY  OF 

ments  as  herein  provided,  to  pay  all  such  assessments  levied  upon 
such  property  before  the  same  become  delinquent. 

Sec.  103.  Warrant  for  Collection— Notice  of  Boll.—TliQ 
City  Clerk  shall,  within  five  days  after  the  confirmation  of  any 
assessment  for  improvements  made  by  the  Council,  certify  and 
annex  to  the  assessment  roll  a  copy  of  the  order  of  confirmation, 
and  issue  and  annex  to  said  roll  a  warrant  directing  the  City 
Treasurer  to  receive  and  collect  the  assessments  therein  named, 
and  deliver  the  same  to  the  Treasurer,  and  shall  also  certify  the 
amount  of  such  roll  to  the  Controller.  The  Treasurer  shall  forth- 
with give  notice  by  three  weekly  insertions  in  the  official  news- 
paper of  the  City,  that  such  assessment  roll  is  in  his  hands,  that 
the  assessments  are  payable,  and  the  date  at  which  interest  ac- 
crues if  they  remain  unpaid. 

Sec.  104.  Warrant  to  Sell—hy  Conttvller— Sale.— Within 
five  days  from  the  expiration  of  the  time  limited  for  the  pay- 
ment of  such  assessments,  the  Treasurer  must  return  the  im- 
provement assessment  roll  to  the  Controller,  designating  thereon 
the  assessments  paid  and  those  unpaid.  The  Controller  shall, 
upon  receipt  of  said  roll,  credit  the  Treasurer  with  the  amount 
of  assessments  collected  thereon  and  deliver  said  roll  to  the  City 
Clerk,  who  shall  thereupon  issue  and  annex  thereto  a  warrant 
directing  the  City  Treasurer  to  sell  all  the  lots  and  parcels  of 
land  described  in  said  roll,  and  upon  which  assessments  are 
levied,  whether  in  the  name  of  a  designated  0A\Taer  or  in  the  name 
of  an  unknown  owner,  to  satisfy  all  delinquent  and  unpaid  as- 
sessments upon  said  roll,  with  interest,  penalty  and  cost.  On  the 
day  of  the  commencement  of  the  sale  of  said  real  property  in 
pursuance  of  such  warrant,  a  penalty  of  ten  per  cent,  on  the  prin- 
cipal amount  of  every  unpaid  assessment  on  said  improvement 
assessment  roll  shall  accrue  to  such  assessment  in  addition  to  the 
interest  thereon,  and  must  then  and  thereafter  be  collected 
therewith. 

Sec.  105.  Warrant  as  Execution— Sale— Notice  o/.— Such 
warrant  shall,  for  the  purpose  of  making  sale  of  said  real  prop- 
erty on  which  assessments  are  delinquent  and  unpaid,  be  deemed 
and  taken  as  an  execution  against  said  real  property  for  the 
amount  of  said  assessments  with  interest,  penalty  and  costs,  and 
the  Treasurer  shall,  within  sixty  days  from  the  receipt  thereof 
by  him,  commence  the  sale  of  said  real  property,  and  continue 
such  sale  from  day  to  day  thereafter,  until  all  the  lots  and  par- 
cels of  land  described  in  said  assessment  roll  on  which  any  such 
assessment  is  delinquent  and  unpaid,  are  sold.  Such  sales  shall 
take  place  at  the  front  door  of  the  building  in  which  the  Council 


TACOMA,  WASHINGTON  39 

hokls  its  sessions.  The  Treasurer  shall  give  notice  of  such  sales 
by  publishinor  a  notice  thereof  once  a  week,  for  three  consecutiv 
weeks  in  the  official  newspaper  of  the  City.  Such  notice  shall 
contain  a  list  of  all  lots  and  parcels  of  land  upon  which  such 
assessments  are  delinquent,  with  the  amount  of  the  asseasment, 
interest,  penalty  and  costs  to  date  of  sale,  including  costs  of  ad- 
vertising due  upon  each  of  such  lots  or  parcels  of  land,  together 
with  the  names  of  the  owners  thereof,  or  the  words  "unknown 
owner"  as  the  same  may  appear  on  said  improvement  assessment 
roll,  and  shall  specify  the  time  and  place  of  sale,  and  that  the 
several  lots  or  parcels  of  land  therein  described,  will  be  sold  to 
satisfy  the  assessment,  interest,  penalty  and  costs  due  upon  each. 

Sec.  106.  Time  of  Sale— Sales  to  City.— AW.  of  such  sales 
shall  be  made  between  the  hours  of  ten  o'clock  A.  'M.  and  three 
o'clock  P.  M.  Each  lot  or  parcel  of  land  shall  be  sold  separate- 
ly and  in  the  order  in  which  the  same  appears  on  the  improve- 
ment assessment  roll,  commencing  at  the  head  thereof.  If  there 
be  no  bidder  for  any  lot  or  parcel  of  land  of  a  sum  sufficient  to 
pay  the  delinquent  assessment  thereon,  Avith  interest,  penalty 
and  costs,  the  Treasurer  shall  strike  the  same  off  to  the  City  for 
the  whole  amount  he  is  required  to  collect  by  such  sale. 

Sec.  107.  Higliest  Bidder— Disposition  of  Surplus.— XW. 
lots  and  parcels  of  land  sold  for  delinquent  improvement  as- 
sessments, shall  be  sold  to  the  highest  bidder;  and  whenever 
any  sucli  lot  is  sold  for  more  than  the  sum  sufficient  to  satis- 
fy the  delinquent  assessment,  A\dth  interest,  penalty  and  costs, 
the  surplus  shall  be  kept  by  the  Treasurer  in  a  separate  fund, 
and  thereafter  the  owner  or  his  legal  representatives  shall,  on 
application  to  the  Council,  be  entitled  to  a  warrant  therefor. 

Sec.  108.  Resale.— li.  any  bidder  to  whom  any  lot  or  parcel 
of  land  is  stricken  off  does  not  pay  the  assessment,  interest,  pen- 
alty and  costs  before  ten  o'clock  A.  M.  of  the  day  following  the 
day  of  such  sale,  such  lot  or  parcel  of  land  must  then  be  resold, 
or,  if  the  assessment  sale  is  closed,  be  deemed  to  have  been  sold 
to  the  City,  and  a  certificate  of  purchase  shall  be  issued  to  the 
City  therefor. 

Sec.  109.  Custodian  of  Cerifific^tes—Sale  of.— The  Con- 
troller shall  be  the  custodian  of  all  certificates  of  purchase  for 
lots  or  parcels  of  land  sold  to  the  City;  and  shall  at  any  time 
within  three  years  from  the  date  of  any  such  certificate,  and 
before  the  redemption  of  the  lot  or  parcel  of  land  therein  de- 
scribed, sell  and  transfer  any  such  certificate  to  any  person  who 
will  pay  to  him  the  amount  for  which  the  lot  or  parcel  of  land 
therein  described  was  stricken  off  to  the  City,  with  the  inter- 


40  THE  CHARTER  OF  THE  CITY  OF 

est  subsequently  accrued  thereon,  and  the  Treasurer  may,  if 
so  authorized  by  the  Council,  sell  and  transfer  any  such  certifi- 
cate in  like  manner  after  the  expiration  of  said  three  years 
from  the  date  of  the  certificate. 

Sec.  110.  Betum  of  Treasurer. — Within  ten  days  after 
the  completion  of  the  sale  of  all  the  lots  and  parcels  of  land 
described  in  such  improvement  assessment,  and  authorized  to 
be  sold  as  aforesaid,  the  Treasurer  must  make  return  to  the 
Controller  of  said  assessment  roll,  with  a  statement  of  his  do- 
ings thereon,  showing  all  lots  and  parcels  of  land  sold  by  him, 
to  whom  sold,  and  the  sum  paid  therefor. 

Sec.  111.  Purchaser's  Lien— Interest.— The  purchaser  at 
improvement  assessment  sales  acquires  a  lien  on  the  lot  or  parcel 
of  land  sold  for  the  amount  paid  by  him  at  such  sale,  as  well 
as  for  all  delinquent  taxes  and  improvement  assessments  and 
all  costs  and  charges  thereon,  whether  levied  previously  or  sub- 
sequently to  such  sale  subsequently  paid  by  him  on  the  lot  or 
parcel  of  land,  and  shall  be  entitled  to  interest  thereon  at  the 
rate  of  twenty  per  cent,  per  annum  from  the  date  of  such 
payment. 

Sec.  112.  Redemption — Certificate— Deed.— ^Yery  lot  and 
parcel  of  land  sold  for  an  improvement  assessment  shall  be 
subject  to  redemption  by  the  former  owner,  or  his  grantee, 
mortgagee,  or  heir,  within  three  years  from  the  date  of  the  certifi- 
cate of  purchase,  on  payment  to  the  Tl*easurer  for  the  pur- 
chaser of  the  amount  the  same  was  sold  for,  with  twenty  per 
cent,  interest  per  annum,  together  with  all  taxes  and  improve- 
ment assessments,  and  costs  and  charges  thereon,  as  per  state- 
ment made  by  the  Controller,  paid  by  the  purchaser  on  such  lot 
or  parcel  of  land  since  such  sale,  with  like  interest  thereon. 
And  on  such  redemption  being  made,  the  Treasurer  shall  give 
to  the  redemptioner  a  certificate  of  redemption  therefor,  and 
pay  over  the  amount  received  from  such  redemptioner  to  the 
purchaser  or  his  assigns,  on  an  order  from  the  Controller. 

Should  no  redemption  be  made  within  the  period  of  three 
years,  the  Treasurer  shall  on  demand  by  the  purchaser  or  his 
assigns,  and  the  surrender  of  the  certificate,  execute  to  him  a 
deed  for  the  lot  or  parcel  of  land  therein  described :  provided, 
that  no  such  deed  shall  be  executed  until  the  holder  of  said 
certificate  shall  have  notified  the  owner  of  said  lots  or  parcels 
of  land  that  he  holds  said  certificate  and  that  he  will  demand 
a  deed  therefor ;  and  if,  notwithstanding  said  notice,  no  redemp- 
tion be  made  within  ninety  days  from  the  service  of  said  notice, 
said  holder  shall  be  entitled  to  said  deed.     Said  notice  may  be 


TACOMA,  WASHINGTON  41 

given  by  pei-sonal  service  upon  said  persons,  or  by  publication 
in  a  weekly  newspaper  published  in  said  City  for  the  full  three 
weeks.  Such  notice  and  return  thereto  with  the  affidavit  of 
the  person  claiming  said  deed,  stating  that  said  service  was 
made,  shall  be  filed  with  the  Treasurer. 

Such  deed  shall  be  executed  only  for  the  lot  or  parcel  of 
land  named  in  the  certificate,  and  after  payment  of  all  subse- 
quent taxes  and  improvement  assessments  thereon.  The  deed 
shall  be  executed  in  the  name  of  the  City  of  Tacoma,  shall  re- 
cite in  substance  the  matters  contained  in  the  certificate,  the 
notice  to  owner  and  that  no  redemption  has  been  made  of  the 
property  within  the  time  allowed  by  law.  Such  deed  shall  be 
signed  and  acknowledged  by  the  Treasurer  as  such.  The  deed 
shall  be  prima  facie  evidence  that  the  property  was  assessed 
as  required  by  law,  that  the  improvement  assessment  was  not 
paid,  that  the  property  was  sold  as  required  by  law,  that  it  was 
not  redeemed,  that  notice  had  been  given  and  that  the  person 
executing  the  deed  was  the  proper  officer;  and  the  deed  shall  be 
conclusive  evidence  of  the  regularity  of  all  other  proceedings 
from  the  assessment  inclusive  up  to  the  execution  of  the  deed. 

Sec.  113.  Separate  Fund.— AW.  moneys  received  or  col- 
lected by  the  T'reasurer  upon  assessments  for  improvements  of 
streets,  highways  or  alleys,  shall  be  kept  as  a  separate  fund, 
and  in  nowise  used  for  any  other  purpose  whatever,  except  for 
the  redemption  of  warrants  drawn  against  such  fund. 

Sec.  114.  Payment  of  Assessment.— ^\iQn&NQv  before  sale 
of  any  lot  or  parcel  of  land  the  amount  of  any  assessment  for 
improvements  thereon,  with  all  interest  and  costs  accrued 
thereon,  shall  be  paid  to  the  Treasurer,  he  shall  thereupon  mark 
the  same  paid,  with  the  date  of  payment  thereof  on  the  as- 
sessment roll:  and  whenever  after  sale  of  any  lot  or  parcel  of 
land  for  any  assessment  the  same  shall  be  "redeemed,"  he 
shall  thereupon  enter  the  same  redeemed  with  the  date  of  such 
redemption  on  such  record.  Such  entries  shall  be  made  on  the 
margin  of  the  record  opposite  the  description  of  such  lot  or 
parcel  of  land. 

Sec.  115.  Day's  Work  or  Contract— Cost  Limit.- All  pub- 
lic work  authorized  by  the  Council  to  be  done  under  the  super- 
vision of  the  Commissioner  of  Public  Works  shall  be  done  by 
day's  work  or  by  contract,  at  the  discretion  of  the  Council, 
provided,  that  if  within  the  time  for  filing  a  remonstrance  a 
majority  of  the  resident  owners  within  the  assessment  district 
file  a  petition  designating  the  manner  of  making  the  improve- 
ment, whether  by  day's  work  or  contract,  then  the  improve- 


42  THE  CHARTER  OF  THE  CITY  OF 

ment  must  be  done  as  requested  in  said  petition ;  and  p)wuied, 
further,  that  in  no  case  shall  the  cost  of  any  improvement  au- 
thorized by  the  Council  to  be  done  exceed  the  estimated  cost 
of  the  City  Engineer.  But  before  awarding  any  contract  au- 
thorized by  this  Article,  the  Commissioner  of  Public  Worts 
shall  cause  notice,  inviting  sealed  proposals  therefor,  to  be  posted 
conspicuously  in  his  office  and  published  for  not  less  than  five 
days. 

Sec.  116.  Sealed  Proposals.— Said  advertisements  and  no- 
tice shall  invite  sealed  proposals  to  be  delivered  at  a  certain 
day  and  hour  at  the  office  of  the  Commissioner  of  Public  Works, 
for  furnishing  the  materials,  and  for  the  work  to  be  done,  the 
materials  for  the  proposed  work,  or  for  doing  said  work,  or  both, 
as  may  be  deemed  best  by  him,  and  shall  contain  a  general  de- 
scription of  the  work  to  be  done,  the  materials  to  be  furnished, 
the  time  within  which  the  work  is  to  be  commenced  and  when  to 
be  completed,  and  the  amount  of  bond  to  be  given  for  the  faith- 
ful performance  of  the  contract  and  shall  refer  to  plans  and 
specifications  on  file  in  the  office  of  the  Commissioner  of  Public 
Works  for  full  details  and  description  of  said  work  'and  ma- 
terials. 

Sec.  117.  Proposals— Form,  Affidavit— Bids.— All  propos- 
als shall  be  made  upon  printed  forms  prepared  by  the  Com- 
missioner of  Public  Works  and  furnished  gratuitously  upon  ap- 
plication, with  a  form  for  the  affidavit  hereinafter  provided  for 
printed  thereon.  Each  bid  shall  have  thereon  the  affidavit  of 
the  bidder  that  his  bid  is  genuine  and  not  sham  or  collusive,  or 
made  in  the  interests  or  on  behalf  of  any  person  not  therein 
named,  and  that  the  bidder  has  not  directly  or  indirectly  in- 
duced or  solicited  any  bidder  to  put  in  a  sham  bid,  or  any  other 
person  or  corporation  to  refrain  from  bidding,  and  that  the 
bidder  has  not  in  any  manner  sought,  by  collusion,  to  secure  to 
himself  an  advantage  over  other  bidders.  Any  bid  made  with- 
out such  affidavit,  or  in  violation  thereof,  shall  be  absolutely 
void,  and  also  any  contract  let  thereunder. 

If  at  any  time  discovery  shall  be  made  that  a  contract  has 
been  let  to  a  bidder  who  has  violated  or  evaded  this  oath,  the 
contract  shall  be  cancelled  and  no  recovery  shall  be  had  there- 
on, and  the  Commissioner  of  Public  Works  shall  at  once  proceed 
as  before  to  award  a  new  contract.  All  proposals  offered  shall 
be  accompanied  by  a  check  certified  by  a  responsible  bank, 
payable  to  the  order  of  the  Clerk  of  the  Commissioner  of  Pub- 
lic Works,  for  an  amount  not  less  than  five  per  cent,  of  the  ag- 


TACOMA.  WASHINGTON  43 

gregate  of  the  proposal,  and  no  proposal  shall  be  considered 
unless  accompanied  by  such  check. 

No  person,  corporation  or  firm  shall  be  allowed  to  make, 
file  or  be  interested  in  more  than  one  bid  for  the  same  work. 
If,  on  the  opening  of  said  bids,  more  than  one  bid  appear  in 
which  the  same  person,  corporation  or  firm  is  interested,  all  such 
bids  shall  be  rejected. 

Sec.  118.  Opening  Bids— Award— Checks.— On  the  day 
ancLat  the  hour  specified  in  said  notice  inviting  sealed  proposals, 
all  bids  shall  be  delivered  to  the  Commissioner  by  the  bidder 
or  his  agent  within  the  two  hours  named  in  the  advertisement. 
No  bid  not  so  delivered  to  the  Commissioner  of  Public  Works 
shaU  be  considered.  Each  bid  as  it  shall  be  received  shall  be 
numbered  and  marked  "filed"  by  him,  and  authenticated  by  his 
signature.  At  the  expiration  of  the  two  hours  stated  in  the  ad- 
vertisement. Avithin  which  the  bids  will  be  received,  the  Com- 
missioner of  Public  AYorks  shall  in  open  session  open,  examine, 
and  publicly  declare  the  same,  and  an  abstract  of  each  bid  shall 
be  recorded  in  the  minutes  of  the  Commissioner  of  Public 
Works  by  the  Clerk. 

The  Commissioner  of  Public  Works  shall  compare  the  bids 
with  the  record  made  by  the  Clerk,  and  shall  thereupon  at  said 
time,  or  at  such  other  time,  not  exceeding  ten  days  thereafter, 
award  the  contract  to  the  lowest  bidder,  except  as  otherwise 
herein  provided.  Notice  of  such  award  shall  forthwith  be  post- 
ed for  five  days  by  the  Clerk  of  the  Cbmmissioner  of  Public 
Works  in  some  conspicuous  place  in  the  office  of  the  Commis- 
sioner. He  may  reject  any  and  all  bids,  and  must  reject  the  bid 
of  any  party  who  has  been  delinquent  or  unfaithful  in  any  for- 
mer contracts  with  the  City,  and  all  bids  other  than  the  low- 
est regular  bid,  and  on  accepting  said  lowest  bid  shall  thereupon 
return  to  the  proper  parties  the  checks,  corresponding  to  the 
bids  so  rejected. 

If  all  bids  are  rejected,  the  Commissioner  shall  return  all 
the  checks  to  the  proper  parties  and  again  invite  sealed  propos- 
als, as  in  the  first  instance.  The  check  accompanying  the  accept- 
ed bid  shall  be  held  by  the  Clerk  of  the  Commissioner  of  Public 
Works  until  the  contract  for  doing  said  work,  as  hereinafter 
provided,  haus  been  entered  into,  whereupon  said  certified  check 
shall  be  returned  to  said  bidder.  If  said  bidder  fails  or  refuses 
to  enter  into  the  contract  for  said  work,  as  hereinafter  provided, 
then  the  certified  check  accompanying  his  bid,  and  the  amount 
therein  mentioned,  shall  be  forfeited  to  the  City  and  shall  be  col- 
lected and  paid  into  the  general  fund.    Neither  the  Commissioner 


44  THE!  CHARTER  OF  THE  CITY  OF 

of  Public  Works  nor  the  Council  has  the  power  to  relieve  from 
or  remit  such  forfeiture. 

Sec.  119.  Colliisive  Bids.—li  at  any  time  it  shall  be  found 
that  the  person  to  whom  a  contract  has  been  awarded  has,  in 
presenting  bid  or  bids,  colluded  with  any  party  or  parties  for 
the  purpose  of  preventing  any  other  bid  being  made,  then  the 
contract  so  awarded  shall  be  null  and  void,  and  no  recovery  shall 
be  had  thereon,  and  the  Commissioner  of  Public  Works  shall  ad- 
vertise for  proposals  for  a  new  contract. 

Sec.  120.  Contracts— City  Attorney  Draw— Triplicates. — 
All  contracts  shall  be  drawn  under  the  supervision  of  the  City 
Attorney,  and  shall  have  attached  thereto  detailed  specifications 
of  the  work  to  be  done,  which  shall  be  referred  to  and  made 
part  of  the  contract;  the  manner  in  which  it  shall  be  executed, 
and  the  quality  of  the  supplies  and  the  material  to  be  used. 
Every  contract  let  by  the  Commissioner  of  Public  Works  shall 
be  signed  by  the  Mayor  and  other  contracting  party,  and  coun- 
tersigned by  the  Controller.  All  contracts  shall  be  executed  in 
triplicate,  one  of  which  with  the  specifications  and  drawings, 
if  any,  of  the  w^ork  to  be  done,  and  materials  to  be  furnished, 
shall  be  filed  with  the  Commissioner  of  Public  Worl^ ;  one,  with 
said  specifications  and  drawings,  shall  be  filed  with  the  Con- 
troller, and  the  third,  with  said  specifications  and  drawings, 
shall  be  delivered  to  the  contractor. 

Sec.  121.  Bonds— Amount  i—Si(^reties  —  Justification.—  At 
the  same  time  with  the  execution  of  said  contract,  the  contract- 
or shall  execute  a  bond  to  the  State  of  Washington,  with  two 
or  more  sureties,  or  with  a  surety  company  as  surety,  condition- 
ed that  such  contractor  shall  faithfully  perform  all  of  the  pro- 
visions of  said  contract,  and  holding  said  City  of  Tacoma  harm- 
less from  all  loss  or  damage  caused  to  any  person  or  property  by 
reason  of  any  carelessness  or  negligence  in  the  maldng  of  said 
improvement,  and  pay  all  laborers,  mechanics,  sub-contractors 
and  material  men,  and  all  persons  who  shall  supply  such  con- 
tractor or  sub-contractor  with  provisions  and  supplies  for  the 
carrying  on  of  such  work,  all  just  debts,  dues  and  demands  in- 
curred in  the  performance  of  such  work;  which  bond  shall  be 
approved  by  the  Controller  and  filed  in  his  office. 

Such  bond  shall  be  in  an  amount  equal  to  the  full  contract 
price  agreed  to  be  paid  for  such  work  or  improvement,  except 
that  the  Council  shall  have  power  by  general  Ordinance  to  fix 
and  determine  the  amount  of  such  bond,  provided,  that  the  same 
shall,  in  no  event,  be  fixed  for  a  less  amount  than  twenty-five 
per  cent,  of  the  contract  price  of  such  improvement,  and  the 


TACOMA,  WASHINGTON  45 

Council  may  by  such  Ordinance  provide  that  said  bond  shall 
be  payable  to  the  City  of  Tacoma  and  not  to  the  State  of  Wash- 
ington. 

In  case  of  sureties  on  such  bond,  other  than  a  surety  com- 
pany, the  justification  of  such  sureties  shall  be  upon  a  form  to 
be  printed  upon  said  bond,  which  justification  shall  be  the  same 
as  bail  upon  arrest,  but  when  the  amount  specified  in  the  bond 
exceeds  Three  Thousand  Dollars  and  there  are  more  than  two 
sureties  thereon,  they  may  state  in  their  affidavit  that  they  are 
severally  worth  amounts  less  than  that  expressed  in  the  bond, 
if  the  whole  amount  be  equal  to  two  sufficient  sureties. 

Sec.  122.  Failure  to  Perform  Contract  on  Time.— The  con- 
tract for  work  shall  specify  the  time  within  which  the  work  shall 
be  commenced  and  completed  as  was  specified  in  the  notice  in- 
viting proposals  therefor.  In  case  of  failure  on  the  part  of 
the  contractor  to  complete  his  contract  within  the  time  fixed,  or 
within  such  extension  of  time  as  may  have  been  granted  there- 
on by  the  Council  prior  to  the  time  fixed  for  completion  of  the 
woik  in  the  contract,  his  contract  shall  be  void  and  the  Council 
shall  not  pay  or  allow  him  any  compensation  for  work  done  by 
him  under  said  contract. 

Sec.  123.  Unfinished  Contracts.— li  the  contractor  does 
not  complete  his  contract  within  the  time  limited  therein,  said 
Commissioner  of  Public  Works  may  re-let  the  unfinished  portion 
of  said  work,  after  pursuing  the  formalities  hereinbefore  pre- 
scribed for  the  letting  of  the  whole. 

Sec.  124.  Comm^issioner  Has  Supervision. — The  work  in  this 
Article  provided  for  must  be  done  under  the  direction  and  to 
the  satisfaction  of  said  Commissioner  of  Public  Works,  and  all 
materials  and  supplies  furnished  must  be  in  accordance  with 
the  specifications  and  be  to  his  satisfaction.  When  any  contract 
shall  have  been  completed  and  accepted  by  him,  he  shall  so  de- 
clare, and  thereupon  he  shall  deliver  to  the  contractor  a  certifi- 
cate to  that  effect. 

Sec.  125.  Prohibition  on  Commissioner  and  Employees. — 
Neither  the  Commissioner  of  Public  Works,  nor  any  person  em- 
ployed in  his  Department,  nor  any  other  Officer  or  Employee 
of  the  City,  shall  be  interested  directly  or  indirectly  in  any  con- 
tract for  work,  labor,  supplies  or  materials  entered  into  under 
the  provisions  of  this  Article,  nor  shall  he  or  any  other  officer 
or  employee  of  the  City  be  allowed  to  receive  any  gratuity  or 
advantage  from  any  contractor,  laborer  or  person  furnishing 
labor  or  material  for  the  same.  Any  contract  made  in  violation 
of  any  of  the  provisions  of  this  Section  shall  be  void,  and  the 


46  THE  CELA.RTBR  OF  THE  CITY  OF 

receipt  of  such  gratuity  shall  be  cause  for  immediate  removal 
from  office  or  from  employment  of  the  person  receiving  it. 

SEWERAGE  AND  DRAINAGE. 

Sec.  126.  General  System.— The  Commissioner  of  Public 
Works  shall  devise  a  general  system  of  sewerage  and  drainage, 
to  be  approved  by  the  Council,  which  shall  embrace  all  matters 
relative  to  the  thorough,  systematic  and  effectual  drainage  of 
not  only  surface  water  and  filth,  but  also  of  the  ground  on  which 
the  City  is  situated,  to  a  sufficient  depth  to  secure  dr\^ness  in 
cellars  and  entire  freedom  from  stagnant  waters,  and  in  such 
manner  as  best  to  promote  the  cleanliness  and  healthfulness  of 
the  City,  and  shall  report  to  the  Council  in  reference  thereto, 
and  shall,  from  time  to  time,  make  to  the  Council  such  recom- 
mendations upon  the  subject  of  sewerage  and  drainage  as  he  may 
deem  proper. 

Sec.  127.  Control  Construction.— ^aid  Commissioner  of 
Public  Works  shall  prescribe  the  location,  form  and  material 
to  be  used  in  the  construction  and  repair  of  all  public  sewers, 
man-holes,  sinks,  cesspools  or  other  appurtenances  belonging  to 
the  sewer  system  and  of  every  private  sewer  emptying  into  a 
public  sewer  and  determine  the  manner  and  place  of  connection. 

Sec.  128.  Sewers — Plans,  Diagram,  Map. — Before  any  pub- 
lic sewer  shall  be  contracted  for  or  built  the  City  Engineer 
shall  cause  to  be  prepared  the  necessary  plans  for  the  work 
and  a  profile  showing  the  grades  of  the  street  and  sewer,  and 
the  depth  of  each  sewer  below  the  surface  of  the  street,  and  a 
diagram  shoAving  the  property  benefited  by  such  sewer,  and  the 
total  frontage  thereof;  and  when  such  sew^er  is  completed  he 
shall  cause  a  map  to  be  prepared,  showing  the  size  and  location 
of  man-holes,  basins  and  branches  of  house  connections,  and 
other  appurtenances. 

Sec.  129.  Council  Order  Construction.— The  Council  may, 
upon  the  recommendation  of  said  Commissioner  of  Public  Works, 
by  Ordinance  passed  by  the  affirmative  vote  of  four  members  of 
the  Council,  order  the  construction  of  any  sewer  or  drain,  or  au- 
thorize the  purchase  of  any  personal  property  or  the  acquisition 
by  purchase  or  condemnation  of  any  real  estate  which  may  be 
necessary  for  the  construction  of  any  sewer  or  the  making  of 
any  improvement  provided  for  in  this  Charter. 

Sec.  130.  Agreement  as  to  Damages.— '^md  Commissioner 
of  Public  Works  may,  with  the  like  approval  of  the  City  Coun- 
cil, agree  with  the  owners  of  any  real  estate  upon  which  it  is 
deemed  desirable  to  construct  any  sewer  or  other  improvement 
relative  to  sewerag-e  or  drainage,  upon  the  amount  of  damage 


TACOMA,  WASHINGTON  47 

to  be  paid  to  such  o\\Tier  for  the  purpose  of  such  improvement, 
and  for  the  perpetual  use  of  said  real  estate  for  such  purpose. 

Sec.  131.  La)ids  an  Bay. —Said  Commissioner  of  Public 
Works  may,  when  authorized  by  Ordinance,  construct  such 
sewers,  reservoirs  and  pumping  works  on  lands  and  made-lands 
fronting  the  bay,  as  may  be  necessary  to  carry  out  the  general 
system  of  sewerage  for  the  City. 

Sec.  132.  Condemnation  of  Private  Property.— When  upon 
the  recommendation  of  said  Commissioner  of  Public  AVorks,  the 
Council  shall  determine  upon  any  improvement  for  the  purpose 
of  sewerage  or  drainage  which  necessitates  the  acquisition  or 
condemnation  of  private  property,  and  said  Commissioner  is 
unable  to  agree  with  the  owner  thereof  upon  the  amount  of 
compensation  or  damages  to  be  paid  therefor,  or  when  such 
owner  is  in  any  way  incapable  of  making  any  agreement  with 
reference  thereto,  and  in  all  cases  in  which  said  Commissioner 
shall  deem  it  most  expedient,  the  City  Council  shall  have  the 
right  to  cause  condemnation  of  such  property  in  the  manner 
for  the  opening  of  any  new  street. 

Sec.  133.  Expense  Proportioned.— The  cost  of  construct- 
ing any  sewer  shall  be  assessed  by  the  Commissioner  of  Public 
AVorks  upon  the  real  estate  benefited  thereby  pro  rata,  accord- 
ing to  the  frontage  of  said  real  estate  upon  the  line  of  said 
sewer ;  and  the  manner  of  collection  of  the  same  shall  be  as  pro- 
vided for  the  collection  of  street  improvement  assessments; 
provided,  that  the  construction  of  all  trunk  or  main  sewers  and 
repair  of  all  sewers  shall  be  made  at  the  expense  of  the  City. 

Sec.  134.  Sewerage  Districts.— The  Commissioner  of  Pub- 
lic Works  shall  have  authority  whenever  he  shall  deem  neces- 
sary, to  create  sewerage  districts,  in  order  to  distribute  equita- 
bly the  assessment  and  cost  of  sewers  upon  property  peculiarly 
benefited  thereby. 

Sec.  135.  Seiverage  Bond.— The  same  bond  shall  be  re- 
quired of  a  contractor  who  has  contracts  with  the  City  for  the 
construction  of  any  sewer  under  the  provisions  of  this  Article, 
as  is  required  in  Section  121  of  this  Charter. 

AETICLE  IX. 
depajrtment  of  light  ^vnd  water. 
Sec.  136.  Scope  of  Department.— The  Department  of  Light 
and  Water  shall  embrace  aU  property,  rights  and  obligations  of 
the  City  in  respect  to  the  light  plant,  water  plant  and  electri- 
cal power  plant,  now  owned  or  hereafter  acquired,  whether  sit- 
uated within  or  without  the  City  limits. 


48  THE  CHARTER  OF  THE  CITY  OF 

Sec.  137.  Commissioner  to  Administer  Depariimen\L— The 
Commissioner  of  Light  and  Water  is  charged  with  the  admin- 
istration of  said  Department.  Upon  his  appointment  the  Mayor 
shall  commission  such  Officials^  Assistants,  Clerks  and  Skilled 
Employees  as  may  be  necessary,  and  he  may  secure  the  services 
of  electrical  engineers  and  hydraulic  engineers,  special  counsel 
and  other  experts,  subject  to  the  approval  of  the  Council,  and  for 
such  compensation  as  the  Council  may  fix. 

Sec.  138.  Separate  Suh-Deparim.enis— Duties.— The  Com- 
missioner of  Light  and  Water  shall,  so  far  as  is  practicable, 
administer  the  lights,  power,  light  works  and  electrical  power 
plants,  as  one  separate  sub-department  or  entity,  and  the  water 
plant  as  another  separate  sub-department  or  entity.  To  that 
end  all  contracts,  records  and  muniments  of  title  pertaining  to 
each  of  said  sub-departments,  shall  be  assembled  and  carefully 
preserved  as  separate  records.  Accounts  shall  be  kept  separately 
of  assets  and  liabilities,  receipts  and  disbursements,  of  each 
sub-department  distinct  from  the  other.  The  revenues  shall  be 
so  applied  that  as  far  as  possible  each  sub-department  shall  be 
self-sustaining. 

The  Commissioner  shall  also  take  care  that  the  w^ater  supply 
of  the  City  is  preserved  from  impairment  and  pollution,  and 
seasonably  augmented  so  as  to  assure  at  all  times  a  supply  of 
potable  water  adequate  for  the  growing  needs  of  the  City.  To 
that  end  he  shall  cause  comparative  investigations  to  be  made 
of  all  available  reservoir  sites  and  sources  of  water  supply, 
and  report  thereon  to  the  Council  with  his  recommendations. 
He  shall  at  all  times  see  that  the  City's  water  rights  are  fully 
protected  and  kept  alive. 

He  shall  make  all  necessary  investigations  and  recommenda- 
tions to  the  end  that  the  City's  lighting  plant  may  be  main- 
tained as  a  plant  adequate  to  the  needs  of  the  City  and  its  in- 
habitants. 

He  shall  report  each  month  to  the  Council  a  statement  of 
the  receipts  and  disbursements  of  the  two  sub-departments 
separately,  and  annually  shall  make  a  detailed  report  as  to  the 
condition  of  each  sub-department,  with  his  recommendations  as 
to  their  needs.  He  shall  perform  such  other  duties  from  time 
to  time  in  connection  with  the  Department  and  make  such  other 
reports  as  the  Council  may  by  Ordinance  require. 

Sec.  139.  Cortmiissioner  Fix  Bates — Coiincil  Impose  Fines. 
—  The  Commissioner  shall,  with  the  approval  of  the  Council, 
expressed  by  Ordinance,  fix  rates  and  establish  regulations  for 
the  use  of  light,  power  and  water  by  consumers,  and  regulations 


TACOMA,  WASHINGTON  49 

for  the  orderly  administration  of  the  Department.  The  Council 
shall  by  Ordinance  impose  fines  and  penalties  for  the  violation  of 
any  of  saii  regulations. 

ARTICLE  X. 

DEPARTMENT  OF  FINANCE. 

Sec.  14:0.  Conimisswner  Have  Supervision  —  ex-Offlcio 
Tre<istorer.— The  Commissioner  of  Finance  shall  have  the  direct 
supervision  of  all  of  the  rev€nues  of  the  City,  except  as  other- 
wise provided  in  this  Charter.  He  shall  be  ex-Officio  Treasurer 
of  the  City. 

Sec.  141.  Bond  as  Treasurer.— Beiore  entering  upon  his 
duties  as  Treasurer,  he  shall  execute  to  the  City  a  bond,  in  an 
amount  to  be  fixed  by  the  Council,  conditioned  for  the  faith- 
ful discharge  of  his  duties  as  Treasurer,  which  bond  shall  be 
approved  and  filed  as  required  in  this  Charter. 

Sec.  142.  Assistants,  Clerks  and  Emplayees.— Upon  the 
appointment  of  the  Commissioner  of  Finance,  the  Mayor  shall 
commission  such  Assistants,  Clerks  and  Employees  for  said  De- 
partment as  may  from  time  to  time  be  provided  for  by  the 
Council  by  Ordinance.  He  may  take  from  such  Assistants, 
Clerks  and  Employees  bonds  with  sureties  to  be  approved  by 
him;  provided,  that  the  bond  of  his  Chief  Assistant  as  Ti-easur- 
er  shall  in  no  event  be  less  in  amount  than  that  of  the  Treas- 
urer. Such  Assistants,  Clerks  and  Employees  shall  receive  such 
compensation  as  the  Council  shall  by  Ordinance  prescribe. 

Sec.  143.  Estimate  of  Expenses.— The  Commissioner  of 
Finance  shall  report  annually  on  or  before  the  first  day  of  April 
to  the  Council,  an  estimate  of  the  expenses  of  the  City,  and 
likewise  the  revenue  necessary  to  be  raised  for  the  current  year. 

Sec.  144.  Establish  Systematic  Accounting.— XJy)oii  the  re- 
commendation of  the  Commissioner  of  Finance  and  the  Control- 
ler, the  Council  shall  provide  by  Ordinance  a  system  of  account- 
ing for  the  City  not  inconsistent  with  the  provisions  of  this 
Charter,  which  shall  be  as  nearly  as  may  be  a  uniform  system  as 
to  all  departments. 

Sec.  145.  Bevenue—How  Controlled,  Paid  Out.— AW  reve- 
nue accruing  to  or  belonging  to  the  City  of  Tacoma  shall  be 
under  the  control  of  the  Council  and  shall  be  paid  out  when 
authorized  by  the  Charter,  or  by  Ordinance,  by  orders  drawn 
by  the  Controller,  on  the  Treasurer,  signed  by  the  IMayor  and 
attested  by  the  City  Clerk.  No  warrant  or  order  for  the  pay- 
ment of  money  shall  be  drawn  against  any  of  the  funds  of  the 
-City  of  Tacoma  until  there  shall  be  money  sufficient  to  the 


50  THE  CHARTER  OF  THE  CITY  OF 

credit  of  such  fund  to  pay  the  same,  together  with  orders  against 
said  fund  then  outstanding ;  provided,  that  the  City  may,  for  the 
purpose  of  paying  current  running  expenses  of  any  fiscal  year, 
provide  by  Ordinance  that  orders  may  be  drawn  in  payment 
thereof  as  the  same  accrue,  to  an  amount  not  exceeding  eighty 
per  centum  of  the  tax  levy  for  that  year;  and  any  person  ac- 
cepting an  order  upon  any  such  fund  shall  be  deemed  to  have 
waived  all  claim  against  the  City  of  Tacoma  for  the  payment 
thereof,  and  to  have  accepted  the  same  as  an  assignment  of  that 
amount  of  the  tax  levy  of  that  year,  and  said  order  shall  be  paid 
from  the  tax  levy  of  that  year  as  the  same  is  collected,  with 
six  per  cent,  interest  per  annum  and  in  the  order  in  which  the 
said  order  or  warrant  is  drawn. 

COMMISSIONER  OF  FINANCE  AS  TREASURER. 

Sec.  146.  Duties  as  Treasurer.— The  Commissioner  of  Fi- 
nance as  Treasurer  shall  receive  all  moneys  due  and  belonging 
to  the  City  and  keep  an  accurate  and  detailed  account  of  the 
same  in  such  manner  as  at  all  times  to  show  the  exact  financial 
condition  of  the  City.  Not  later  than  the  15th  day  of  each 
month  he  shall  report  to  the  Council  a  complete  and  itemized 
statement  of  all  moneys  received  and  paid  out  by  him  during 
the  preceding  month.  Such  statement  shall  show  what  funds 
were  credited  with  moneys  so  received  and  from  what  funds 
moneys  were  so  paid,  and  the  amounts  thus  credited  and  paid ; 
and  further,  show  the  exact  amount  of  money  in  each  fund  of 
the  City  on  the  last  day  of  the  preceding  month.  He  shall 
also  in  such  report  show  the  amount  of  funds  under  his  control 
at  the  time  of  making  such  report,  and  where  the  same  are 
placed  or  deposited.  He  shall  give  to  the  Controller  a  daily 
statement  of  bank  balances  of  City  moneys,  and  of  moneys  on 
hand. 

Sec.  147.  Ba7ik  Deposits,  Bonds,  Interests,  Secunties.—The 
Treasurer  shall  not  loan  any  of  the  funds  of  the  City  to  any 
person  or  otherwise  dispose  of  the  same,  except  in  accordance 
with  law.  He  shall  keep  such  funds  and  be  responsible  there- 
for; he  may  deposit  moneys  received  by  him,  by  virtue  of  his 
office,  in  one  or  more  banks  in  the  City  of  Tacoma,  which  banks 
shall  have  been  established  and  doing  business  in  said  City  for 
at  least  three  years  prior  to  such  deposits ; 

Provided,  however,  that  he  shall  not  have  on  deposit  more 
than  $250,000  in  any  one  bank  at  any  time,  and  in  no  case  more 
than  fifty  per  centum  of  such  money  in  any  one  bank;  and 

Provided,  further,  that  every  such  bank  in  which  he  depos- 
its any  of  such  moneys,  shall  be  first  required  to  execute  to  the 


-       TACOMA,  WASHINGTON  51 

City  a  bond  with  some  surety,  guaranty,  indemnity  or  insurance 
company,  organized  and  empowered  by  law  to  give  such  bond 
and  authorized  by  law  to  do  business  in  the  State  of  Washing- 
ton, as  surety,  in  a  penal  sum  equal  to  the  maximum  amount 
deposited  in  any  such  bank,  conditioned  to  save  the  City  harm- 
less from  loss  by  reason  of  such  deposit  during  all  the  time 
that  such  money  or  any  part  thereof  shall  so  remain  on  de- 
posit in  such  bank,  and  such  bond  shall  be  approved  and  filed 
in  the  same  manner  as  the  official  bond  of  such  Treasurer;  and 

Provided,  fwrther,  that  such  city  bank  or  banks  designated 
as  depasitory  or  depositories  may,  in  lieu  of  the  surety  bond 
above  referred  to,  deposit  with  the  Treasurer  good  and  sufficient 
municipal,  school  district,  county  or  State  bonds  or  warrants, 
United  States  bonds,  first  mortgage  railroad  bonds  listed  on 
the  New  York  Stock  Exchange,  local  improvement  bonds  or 
warrants,  or  public  utility  bonds  or  warrants  issued  by  or  un- 
der the  authority  of  any  municipality  of  the  State  for  water, 
power  or  light  plants  or  maintenance  thereof,  upon  which  prin- 
cipal or  interest  is  not  in  default  at  the  time  of  such  deposit, 
the  ag-gregate  market  value  of  which  shall  not  be  less  than  the 
amount  required  in  said  deposit,  which  securities  shall  be  sub- 
ject to  the  approval  of  the  Mayor  and  Controller ;  and 

Provided,  further,  that  such  bank  or  banks  so  designated  as 
depositories  shall  be  required  to  pay  to  the  City  interest  on  the 
daily  balances  of  such  deposits  at  the  rate  of  not  less  than  one 
and  one-half  per  cent,  per  annum  as  long  as  the  same  or  any  part 
thereof  remains  so  on  deposit  in  any  such  bank,  said  interest 
payments  to  be  payable  monthly. 

Nothing  in  this  section  shall  be  construed  so  as  to  relieve 
said  Treasurer,  or  his  official  bondsmen,  from  any  liability  for 
any  loss  of  such  moneys. 

Sec.  148.  Tax  Levy— How  Credited— Other  Duties.— Im- 
mediately  after  the  annual  tax  levy,  the  Treasurer  shall  open  and 
keep  separate  and  distinct  accounts  with  each  special  fund  made 
necessary  by  law,  and  whenever  any  taxes  shall  be  collected  and 
paid  into  the  treasury  he  shall  credit  each  fund  with  its  pro- 
portionate amount  of  such  tax,  and  the  same  shall  remain  so 
credited  and  shall  be  paid  out  only  in  payment  of  orders  drawn 
against  said  fund. 

All  funds  raised  by  a  vote  of  the  people  or  by  special  tax- 
ation, or  any  other  manner  for  a  special  purpose,  shall  be  used 
for  that  purpose,  and  none  other.  No  fund  shall  be  diverted 
from  the  purpose  for  which  it  was  originally  assessed  or  col- 
lected or  voted  by  the  people  without  the  proposition  therefor 


52  THE  CHARTER  OF  THE  CITY  OF 

is  submitted  to  a  vote  of  the  people  and  authorized  by  at  least 
a  majority  vote  at  either  a  special  or  general  election.  The 
Treasurer  shall  keep  such  accounts  and  make  such  other  reports 
and  perform  such  other  duties  incident  to  his  office  as  may  be 
prescribed  by  Ordinance. 

Sec.  149.  Eligible  for  Only  One  Term  as  TreasiM^er.— The 
same  Councilman  shall  not  be  elig^ible  to  the  office  of  Commis- 
sioner of  Finance  for  a  longer  period  at  any  one  time  than  four 
consecutive  years,  nor  eligible  to  re-appointment  until  after  the 
expiration  of  one  year  after  having  served  for  such  period  of 
four  years. 

SINKING  FUND  BOARD. 

Sec.  150.  Members— WJw.— The  Mayor.  Controller  and 
the  Comissioner  of  Finance,  shall  constitute  and  be  denominated 
a  Sinking  Fund  Board. 

Sec.  151.  Quorum. — Any  two  of  the  officers  named,  of 
whom  the  Controller  shall  be  one,  shall  be  and  are  hereby  au- 
thorized and  required  to  discharge  the  duties  and  trust  hereby 
vested  in  them,  but  shall  not  receive  any  additional  compensa- 
tion or  salary  for  such  services. 

Sec.  152.  Duties.— The  said  Board  shall  negotiate  the  sale 
of  all  bonds  of  the  City,  in  accordance  with  the  provisions  of 
the  ordinance  under  which  such  bonds  may  issue,  and  shall, 
from:  time  to  time,  invest  the  moneys  which  shall  constitute  the 
Sinking  Fund  for  the  redemption  of  the  City  debt,  or  any  sur- 
plus of  interest  to  the  credit  of  the  interest  fund,  in  the  pur- 
chase of  bonds  issued  by  the  City  at  the  market  price,  not  ex- 
ceeding par  value  thereof.  If  at  any  time  such  investments 
cannot  be  made,  then  the  said  Board  may  invest  such  bonds  in 
interest-bearing  securities  of  the  Tacoma  School  District,  now 
known  as  District  No.  10,  the  County  of  Pierce,  the  State  of 
Washington,  or  the  United  States. 

Providedy  The  said  Board  may  purchase  bonds  of  the  City 
at  a  premium  whenever  the  interest  accruing  on  said  bonds, 
from  time  of  purchase  to  maturity,  will  be  greater  than  the 
premium  on  said  bonds  and  interest  on  the  amount  to  be  used 
to  make  the  proposed  purchase. 

Said  interest  to  be  computed  at  the  average  rate  of  inter- 
est earned  by  money  in  the  Sinking  Fund  for  the  previous  year^ 
excepting  the  money  that  may  be  investeli  in  bonds  of  the  City, 
and  for  the  time  that  will  elapse  between  the  date  of  proposed 
purchase  and  maturity  of  the  bonds. 

No  money  belonging  to  the  Sinking  Fund  or  Interest  Fund 
shall  be  loaned  to  any  person  or  corporation. 


TACOMA,  WASHINGTON  53 

Sec.  153.  Procedure  Befare  Investment.— V^henever  any 
of  the  money  constituting  the  Sinking  Fund  for  the  redemption 
of  the  City  debt  shall  be  required  for  investment  as  above 
mentioned,  or  for  the  redemption  of  any  City  bonds  at  their  ma- 
turity, the  said  Sinking  Fund  Board  shall  report  the  amount  of 
money  so  required  to  the  Controller,  who  shall  certify  the  same 
to  the  Council,  and  thereupon  the  Council  shall  authorize  an 
order  to  be  drawn  on  the  Treasurer,  payable  to  the  Sinking  Fund 
Board  for  such  purpose. 

Sec.  154.  Proceedings  of  Board— Journal.— It  shall  be  the 
duty  of  the  Controller  to  keep  a  correct  journal  of  the  pro- 
ceedings of  the  said  Board,  to  be  verified  by  any  two  of  them, 
himself  being  one,  and  once  in  each  year,  or  oftener  if  required, 
to  render  to  the  Council  a  full  and  detailed  report  of  the  pro- 
ceedings of  the  said  Board.  All  acts  of  said  Board  shall  be 
based  on  resolution  duly  entered  in  said  journal. 

Sec.  155.  Vacancies— How  Filled. — In  case  of  a  vacancy 
in  office,  or  inability  of  any  of  said  Board  to  attend  to  the  duties 
hereby  imposed,  it  shall  be  the  duty  of  the  Council  to  designate 
by  resolution  one  or  more  of  their  number  to  supply  the  place 
of  such  member  or  members  of  the  Board  for  the  time  being. 

Sec.  156.  Bonds— How  Kept.— AM  bonds  and  securities 
purchased  by  said  Board  shall  be  held  for  safe  keeping  b}^  the 
Treasurer.  AVhenever  City  bonds  are  paid,  a  record  thereof 
shall  be  made  in  the  journal  of  the  Board,  and  the  Bonds  shall 
be  cancelled  and  burned  in  the  office  of  the  Controller,  under  the 
direction  and  supervision  of  said  Board. 

ARTICLE  XI. 

CONTROLLER. 

Sec.  157.  DirfiV^.— The  Controller  shall  be  the  chief  ac- 
counting and  auditing  officer  of  the  City,  and  shall  have  charge 
of  and  shall  exercise  a  general  supervision  over  the  fiscal  af- 
fairs of  the  City,  the  collection  and  return  into  the  Treasury,  and 
disbursement  of  all  revenue  and  moneys  of  the  City;  of  all 
property,  assets  and  claims,  and  the  sale  or  other  disposition, 
thereof,  except  as  otherwise  provided  in  this  Charter ;  and  by 
and  with  the  advice  and  consent  of  the  Mayor  shall  see  that  all 
necessary  official  and  legal  proceedings  are  had  for  the  protec- 
tion of  the  City's  interests  in  all  such  property,  assets  and 
claims;  that  proper  rules  and  regulations  are  prescribed  and 
observed  in  relation  to  all  accounts,  settlements  and  reports 
connected  with  the  fiscal  affairs  of  the  City;  that  no  liability 


54  THE  CHARTER  OF  THE  CITY  OF 

is  incurred  or  expenditure  made  from  the  Treasury  without  due 
authority  of  law,  and  that  appropriations  are  not  overdrawn. 

Sec.  158.  Oath  and  Bond— Deputies,  and  Assistants.— The 
Controller,  within  ten  days  from  the  time  of  notice  of  his  elec- 
tion, and  before  entering  upon  the  duties  of  his  office,  shall 
take  and  subscribe  the  oath  of  office  and  give  to  the  City  of  Ta- 
coma  a  bond  in  the  sum  of  twenty-five  thousand  dollars,  condi- 
tioned for  the  faithful  discharge  of  the  duties  of  his  office, 
which  said  bond  shall  be  approved  and  filed  as  required  in  this 
Charter. 

He  shall  have  such  deputies  and  clerical  assistants  as  may 
be  provided  by  Ordinance,  who  shall  be  commissioned  b}^  the 
Mayor  on  appointment  by  the  Controller. 

Sec.  159.  Have  Access  to  All  Books.— The  Controller  shall 
have  access  to  the  books  and  other  records  of  all  officers  and  de- 
partments of  the  City  Government  whenever  he  so  desires,  and 
may  make  transcript  thereof.  He  shall  see  that  the  accounts  of 
the  City  are  kept  in  a  plain,  methodical  manner. 

Sec.  160.  Audit  OZo-m^.— The  Controller  shall  audit  and 
adjust  all  claims  and  demands  against  the  City  before  they  are 
allowed  by  the  Council,  and  draw  all  warrants  or  orders  on  the 
Treasurer,  before  they  are  delivered  by  the  City  Clerk. 

Sec.  161.  Designate  Funds.— The  Controller  shall^  in  audit- 
ing and  adjusting  claims  and  accounts  against  the  City,  desig- 
nate and  specify  upon  each  claim  so  audited  and  adjusted  the 
particular  fund  out  of  which  the  same  shall  be  paid,  and  no 
claim  or  account  shall  be  audited  or  adjusted  or  contract  coun- 
tersigned by  him  if  the  amount  thereof,  together  with  the  ex- 
isting indebtedness,  exceeds  the  authorized  indebtedness  of  the 
City. 

Sec.  162.  Keep  Records.— The  Controller  shall  keep  a  rec- 
ord of  all  his  acts  and  doings,  keep  regular  books  of  accounts, 
which  shall  at  all  times  show  the  precise  financial  condition  of 
the  City;  the  amount  of  bonds,  orders,  warrants,  or  other  evi- 
dences of  indebtedness  issued  by  the  Council,  stating  to  whom 
and  for  what  purpose  issued,  the  amount  of  all  bonds,  orders, 
warrants,  etc.,  which  have  been  redeemed,  and  the  amount  of 
each  outstanding;  keep  accounts  with  all  the  receiving  and  dis- 
bursing officers  of  the  City,  showing  the  amount  which  they 
have  received  from  all  sources  and  the  amount  which  they  have 
disbursed  under  the  direction  of  the  Council. 

Sec.  163.  Keep  List  of  Warrants.— The  Controller  shall 
keep  a  list  of  each  and  every  warrant  dra^\Ti  by  him;  the  list 
shall  show  the  number  of  the  warrant,  the  fund  against  which 


TACOMA,  WASHINGTON  55 

it  is  drawn,  the  person  in  whose  favor  it  is  drawn  and  the 
date  thereof;  neither  the  City  of  Tacoma  nor  any  of  its  officers 
shall  recognize  any  assignment  of  any  warrant  drawn  against 
any  of  its  funds  without  the  assignment  has  been  noted  and 
registered  in  the  office  of  the  Controller,  and  it  shall  be  the 
duty  of  the  Controller  to  add  to  the  list  required  to  be  kept  by 
him,  a  statement  showing  the  assignment,  if  any,  of  each  war- 
rant drawTi. 

Sec.  164.  Countersign  Contracts.— Tlae  Controller  shall 
countersign  all  contracts  made  in  behalf  of  the  City  and  cer- 
tificates of  work  by  the  Commissioner  of  any  Department,  or 
other  City  officer  or  person  authorized  by  the  Council  to  make 
such  certificates;  keep  a  book  in  which  he  shall  enter  all  con- 
tracts, with  an  index  thereto,  which  shall  be  open  to  public  in- 
spection. 

Sec.  165.  Annual  Report.— The  Controller  shall  annually 
submit  to  the  Council,  at  its  first  stated  meeting  in  March,  an 
itemized  report  of  the  financial  condition  and  requirements  of 
the  City,  and  make  such  report  of  the  finances  of  the  City 
from  time  to  time  as  the  Mayor  or  Council  may  require. 

Sec.  166.  Monthly  Report.-The  Controller  shall,  on  or 
before  the  15th  day  of  each  and  every  month,  send  to  the  Coun- 
cil a  complete  statement  of  all  the  receipts  and  expenditures 
of  the  City  in  all  departments  for  the  preceding  month,  and 
said  statement  shall  show  all  and  every  purchase  made  by  the 
City  or  bill  or  account  that  accrued  against  the  City  for  that 
month;  and  every  Officer.  Employee  or  Agent  of  the  City  who 
is  or  may  be  empowered  by  the  Charter  or  by  Ordinance  or 
resolution  of  the  Council  to  make  or  incur  any  account,  debt 
or  claim  against  the  City,  shall  file  a  full  report  or  copy  of  said 
account,  debt  or  claim  with  the  Controller  on  or  before  the  10th 
of  the  month  next  succeeding  that  in  which  said  account,  debt 
or  claim  was  made  or  incurred. 

Sec.  167.  General  Duti-es.—The  Controller  shall  be  enti- 
tled to  be  heard  before  the  Council  on  any  question  pertaining 
to  his  department,  but  he  shall  have  no  vote.  He  shall  per- 
form such  duties  as  may  be  provided  by  this  Charter  or  any 
Ordinance  enacted  thereunder. 

Sec.  168.  Shall  Have  Notice  of  Revenue  Ordinances  and 
Appointments.— It  shall  be  the  duty  of  the  City  Clerk  upon  the 
passage  of  any  Ordinance  making  an  appropriation  or  relating 
to  the  revenue  or  fiscal  affairs  of  the  City,  to  give  notice  thereof 
in  writing  to  the  Controller. 

It  shall  be  the  duty  of  the  Mayor  to  file  with  the  Con- 


56  THE  CHARTER  OF  THE  CITY  OF 

troller  notice  of  the  commissioning  of  all  City  Officers,  Clerks, 
Assistants  and  Employees  commissioned  by  the  Mayor,  as  soon 
as  such  commissions  are  issued. 

ARTICLE  XII. 

TAXES. 

Sec.  169.  Assessment,  Levy  and  ColledHion  as  Provided  hy 
General  Law.— The  assessment,  levy  and  collection  of  general 
taxes  for  the  City  of  Tacoma,  shall  be  made  in  the  manner  now 
provided  or  as  may  be  hereafter  provided  by  general  law. 

Sec.  170.  Board  of  Equalization.— The  Council  shall  an- 
nually select  a  committee  of  three  of  its  members  to  act  with  the 
Board  of  County  Commissioners  as  a  Board  of  Equalization, 
and  said  Board  so  constituted  shall  have  the  powers  and  per- 
form the  duties  concerning  the  equalization  of  assessments  in 
the  City  of  Tacoma  that  are  given  to  the  County  Boards  of 
Equalization  by  the  general  revenue  laws  of  the  State  of  Wash- 
ington. Such  committee  shall  receive  no  additional  pay  or 
compensation  for  the  time  they  are  actually  engaged  as  mem- 
bers of  the  Board  of  Equalization,  their  salaries  as  Councilmen 
being  deemed  to  include  such  compensation. 

Sec.  171.  Appropyiation  for  County.— The  City  of  Tacoma 
shall  pay  the  County  of  Pierce  One  Thousand  Dollars  per  an- 
num for  Clerk  hire,  and  it  shall  be  the  duty  of  the  Council  to 
make  the  necessary  appropriation  and  provision  therefor. 

Sec.  172.  Library  Levy.— The  City  of  Tacoma  shall  pro- 
vide in  the  Ordinance  levying  the  taxes  for  each  year,  for  the 
levy  and  collection  of  an  additional  tax  of  not  less  than  one 
sixth  of  one  mill  for  the  maintenance  of  the  Public  Library. 

Sec.  173.  Fiscal  Year.— The  fiscal  year  of  the  City  of 
Tacoma  shall  begin  on  the  first  day  of  January  and  end  on  the 
thirty-first  day  of  December,  of  each  year. 

Sec.  174.  Assessments  Against  OUy  Property. — The  Coun- 
cil shall,  in  the  Ordinance  levying  the  taxes  for  each  year,  in- 
clude an  amount  sufficient  to  pay  all  unpaid  assessments,  with 
interest,  penalties  and  charges  thereon  levied  against  all  lands 
owned  by  the  City.  The  amount  of  said  levy  shall  be  esti- 
mated and  determined  as  provided  by  general  law.  The  pro- 
ceeds of  such  levy  shall  constitute  a  separate  fund  to  be  known 
as  ''City  Property  Assessment  Redemption  Fund,"  and  to  be 
inviolably  applied  in  payment  of  such  unpaid  assessments, 
in  the  manner  and  in  the  order  required  by  law. 


TACOMA,  WASHINGTON  57 

ARTICLE  XIII. 

CITY  ATTORNEY. 

Sec.  175.  Duties.— The  City  Attorney  shall  bring*  and 
prosecute  all  actions  at  law  and  suits  in  equity,  and  all  special 
proceedings  which  may  be  directed  by  the  Mayor  or  Council, 
and  shall  defend  all  actions  or  proceedings  to  w^hich  the  City, 
or  any  Officer,  Board  or  Department  thereof,  is  a  party,  and  all 
other  actions  and  proceedings  in  which  the  rights  and  inter- 
ests of  the  City  are  involved.  He  shall  be  the  legal  adviser  of 
the  Mayor,  Council,  Commissioners  and  all  appointive  Officers 
in  relation  to  their  duties.  He  shall  give  legal  advice  in  writ- 
ing to  the  Council  and  Controller  and  to  all  Boards  and  De- 
partments when  requested  by  them  in  writing.  He  shall  per- 
form such  other  duties  pertaining  to  his  office  as  the  Council 
may  by  Ordinance  prescribe. 

Sec.  176.  Shall  Keep  Record^.— The  City  Attorney  shall 
keep  bound  books  of  record  and  registry,  and  all  briefs  used  in 
causes  wherein  he  appears,  and  shall  keep  a  register  of  all  ac- 
tions, suits  and  proceedings  in  his  charge  in  which  the  City 
is  interested.  He  shall  keep  a  copy  of  all  official  written  com- 
munications by  him  to  the  Council,  Commissioner,  Board  or 
Officer  of  the  City,  and  of  all  opinions  given  by  him.  Said 
records  shall  be  the  property  of  the  City,  and  shall  be  deliv- 
ered by  him  to  his  successor  in  office. 

Sec.  177.  Assistants.— He  shall  have  such  Assistants  as 
the  Council  shall  by  Ordinance  provide.  Such  Assistants  shall 
be  commissioned  by  the  Mayor  upon  appointment  by  the  City 
Attorney. 

Sec.  178.  Special  Counsel.— The  Council  may  also,  at  any 
time,  employ  other  counsel,  to  take  charge  of  any  litigation  or 
to  assist  the  City  Attorney,  whose  compensation  shall  be  fixed 
by  the  Council  at  the  time  of  the  employment. 

ARTICLE  XIV. 

CIVIL.  SERVICE. 

Sec.  179.  Board— Appointment  of.— There  is  hereby  es- 
tablished a  Civil  Ser\nce  Board,  consisting  of  three  members 
who  shall  serve  without  compensation. 

The  Council  first  elected  after  the  adoption  of  this  Charter 
shall,  as  soon  as  practicable  thereafter,  appoint  one  member 
of  said  Board  to  serve  for  one  year,  another  member  to  serve 
for  two  years,  and  a  third  member  to  serve  for  three  years. 
Annually  thereafter,  one  member  shall  be  appointed  by  the 
Council  to  take  the  place  of  the  member  whose  term  shall  next 


58  THE  CHARTER  OF  THE  CITY  OF 

expire,  so  that  one  member  shall  be  appointed  every  year  to 
serve  for  a  period  of  three  years.  If  a  vacancy  shall  occur  in 
the  Board,  it  shall  be  filled  by  appointment  by  the  Council  for 
the  unexpired  term. 

Sec.  180.  Bemoval — Equipment — Clerk. — The  Council  may 
remove  any  of  said  Board  during-  their  term  of  office  for  cause, 
four  Councilmen  voting  in  favor  of  such  removal,  and  shall 
fill  the  vacancy  so  caused  for  the  unexpired  term.  The  Council 
shall  provide  suitable  accomodations  and  equipment  to  enable 
the  Board  to  properly  attend  to  its  business.  Upon  appoint- 
ment by  the  Board,  the  Mayor  shall  commission  a  Clerk  for 
said  Board,  who  shall  keep  a  record  of  the  meetings  and  work 
of  said  Board  and  perform  such  other  services  as  the  Board 
and  Council  may  require.  The  Council  shall  fix  the  compensa- 
tion of  such  Clerk. 

Sec.  181.  Board  Make  Rules,  Classifications,  Etc.— The, 
Board  shall,  with  the  approval  of  the  Council,  make  such  rules 
and  regulations  for  the  proper  conduct  of  its  business  as  it 
shall  find  necessary  or  expedient. 

The  Board  shall,  among  other  things,  provide  for  the  class- 
ification of  all  employments  in  the  Department  of  Public  Af- 
fairs, Health  and  Sanitation,  in  the  Department  of  Public 
Safety,  in  the  Department  of  Public  Works,  Streets,  Improve- 
ments and  Property,  in  the  Department  of  Light  and  Water,  in 
the  Department  of  Finance,  and  in  the  office  of  the  Control- 
ler; for  open,  eompetitive  and  free  examination  as  to  fitness; 
for  an  eligible  list  from  which  vacancies  shall  be  filled;  for  a 
period  of  probation  before  employment  is  made  permanent; 
and  for  promotion  on  the  basis  of  merit,  experience  and  record. 

The  Council,  whenever  requested  by  the  Board,  may  by 
Ordinance  confer  upon  the  Board  such  other  or  further  rights, 
duties  and  privileges  as  may  be  necessary  adequately  to  enforce 
and  carry  out  the  principles  of  Civil  Service. 

Sec.  182.  Certification  of  iVamcs.— Should  a  vacancy  or 
vacancies  occur  in  any  position  subject  to  the  recommendation 
of  the  Board,  said  Board  shall  as  soon  as  possible  certify,  to  the 
Commissioner  of  the  Department  in  which  such  vacancy  or 
vacancies  exist,  three  times  the  number  of  persons  necessary 
to  fill  said  vacancy  or  vacancies;  provided,  that  said  Board 
shall  always  certify  the  persons  having  the  highest  standing  on 
the  eligible  list  for  the  positions  they  seek  to  fill ;  and  provided, 
further,  that  a  less  number  may  be  certified  when  there  is  not 
the  required  number  on  the  eligible  list.  All  persons  not  ap- 
pointed shall  be  restored  to  their  relative  positions  on  the  eligi- 


TACOMA,  WASHINGTON  59 

ble  list.  All  persons  who  have  been  on  the  eligible  list  for  two 
years  without  appointment  shall  be  removed  therefrom. 

Sec.  183.  To  MVhorti  Apply. — The  provisions  of  this  Arti- 
cle shall  apply  to  all  appointive  Officers  and  Employees  of  the 
City,  except  those  especially  named  in  Section  10,  Article  II., 
Class  A  and  Class  B,  of  this  Charter,  and  except  Commissioners 
of  any  kind,  laborers  whose  occupation  requires  no  special  skill 
or  fitness,  election  officials,  Mayor's  Secretary  and  Assistant 
City  Attorneys.  Provided^  however,  that  existing  employes 
heretofore  appointed,  may  retain  their  positions  without  fur- 
ther examination  unless  removed  for  cause,  according  to  the 
terms  of  Section  184  of  this  Article. 

Sec.  184.  Removal  of  Appointees. — All  persons  subject 
to  Civil  Service  examination  shall  be  subject  to  removal  from 
office  or  employment  by  the  Commissioner  in  whose  Depart- 
ment they  are  employed,  for  misconduct  or  failure  to  perform 
their  duties  under  such  rules  and  regulations  as  he  may  adopt. 
The  Chief  of  Police,  Chief  of  the  Fire  Department,  City  Engi- 
neer, or  any  Superintendent  or  Foreman  in  charge  of  municipal 
work,  may  temporarily  suspend  or  discharge  any  subordinate 
then  under  his  direction  for  incompetency,  neglect  of  duty  or 
disobedience  to  orders,  but  shall,  within  twenty-four  hours 
thereafter,  report  in  writing  such  suspension  or  discharge  and 
the  reason  therefor,  to  the  Commissioner  of  his  Department, 
and  furnish  a  copy  of  said  report  to  the  subordinate  suspended 
or  discharged,  upon  his  request  therefor.  The  Commissioner 
shall  thereupon,  if  demanded  by  the  subordinate  suspended  or 
discharged,  hear  evidence  for  and  against  said  aggrieved  party, 
and  shall  therefrom  affirm  or  revoke  such  suspension  or  dis- 
charge according  as  he  may  find  the  facts  to  warrant. 

Sec.  185.  Petialties.—T\ie  Council  shall  have  power  to 
pass  ordinances  imposing  suitable  penalties  for  the  punishment 
of  persons  violating  any  provision  of  this  Article. 

ARTICLE  XV. 
elections. 

Sec.  186.  General  and  Special  Municipal  Elections.— K 
mimicipal  election  shall  be  held  on  the  first  Tuesday  of  April 
in  1910,  and  on  the  first  Tuesday  of  April  of  every  second  year 
thereafter,  and  shall  be  known  as  the  General  Municipal  Elec- 
tion. 

A  second  election  shall  be  held  as  provided  in  Section  192 
of  this  Article,  on  the  second  Tuesday  after  said  General  Mu- 
nicipal Election,   and  shall  be  known   as  the   Second   General 


60  THE  CHARTER  OF  THE  CITY  OF 

Municipal  Election.  All  other  municipal  elections  that  may 
be  held  by  authority  of  this  Charter  or  of  general  law  shall 
be  kno\\Ti  as  Special  Municipal  Elections. 

The  terms  of  office  of  those  elected  at  the  first  election 
under  this  Charter  shall  begin  at  ten  o'clock  A.  M.  on  the 
first  T'aesday  of  May,  1910,  and  thereafter  all  full  terms  of 
office  shall  commence  at  ten  o'clock  A.  M.  on  the  first  Tuesday 
of  May,  and  all  Officers  elected  shall  hold  office  until  their  suc- 
cessors are  elected  and  qualified,  unless  previously  removed  as 
elsewhere  provided  in  this  Charter. 

Sec.  187.  Venters,  Qualification  and  Registration.— The  reg- 
istration of  voters  for  general  or  special  elections  shall  be  as 
provided  by  the  general  laws  of  the  State  of  Washington,  and 
no  person  shall  be  entitled  to  vote  at  any  Municipal  Election  who 
is  not  a  qualified  elector  according  to  the  Laws  oi  the  State  of 
Washington,  and  who  shall  not  have  entered  his  name  on  the 
City  register  for  the  ward  and  precinct  in  which  he  resides, 
as  provided  by  law. 

Sec.  188.  Nomination  of  Officers.— The  mode  of  nomina- 
tion and  election  of  all  Elective  Officers  of  the  City  to  be  voted 
for  at  any  municipal  election  shall  be  as  follows  and  not  other- 
wise : 

(a)  The  name  of  a  candidate  shall  be  printed  upon  a 
ballot  when  a  petition  of  nomination  shall  have  been  filed  in 
his  behalf  in  the  manner  and  form  and  under  the  conditions 
hereinafter  set  forth., 

(&)  The  petition  of  nomination  shall  consist  of  not  less 
than  twenty-five  individual  certificates,  which  shall  read  sub- 
stantially as  follows: 

''PETITION  OF  NOMINATION. 

Individual    Certificate. 
State  op  Washington,  ] 

County  of  Pierce,      Iss. 

City  of  Tacoma,  j 

' '  I  do  hereby  join  in  a  petition  for  the  nomination  of 

whose  residence  is  at 

No ,    , Street,    Tacoma, 

for  the  office  of to  be  voted  for  at  the 

municipal  election  to  be  held  in  the  City  of  Tacoma  on  the  day 

of ,  19 :  and  I  certify  that 

I  am  a  qualified  elector  and  am  not  at  this  time  a  signer  of  any 
other  certificate  nominating  any  other  candidate  for  the  above 
office,  or   (in  case  there  are  several  places  to  be  filled  in  the 


TACOMA,  WASHINGTON  61 

above  named  oflfiee)  that  I  have  not  sigrned  more  certificates  than 
there  are  places  to  be  filled  in  the  above  named  office;  that  my 

residence  is  at  No Street, 

Tacoma. 

*'I  further  certify  that  I  join  in  this  petition  for  the  nomi- 
nation of  the  above  named  person  believing-  that  he  has  not 
become  a  candidate  as  the  nominee  or  representative  of  or  be- 
cause of  any  promised  support  from  any  political  party  or  any 
committee  or  convention  representing  or  acting  for  any  politi- 
cal party. 

(Signed)    

State  of  Washington,  ^ 
County  of  Pierce,      Vss. 
City  of  Tacoma,  ) 

,  being  first  duly 

SAvorn,  deposes  and  says  that  he  is  the  person  who  signed  the 
foregoing  certificate  and  that  the  statements  therein  are  true, 
(Signed)    

' '  Subscribed  and  sworn  to  before  me  this day 

of   19 

(Signed)    

Notary  Public. 
**My  commission         In  and  for  the  State  of  Washington,  resid- 
expires ing  at  Tacoma,  Pierce  County. 

"The  petition  of  which  this  certificate  forms  a  part  shall, 

if  found  insufficient,  be  returned  to   

at  No Street,   Tacoma,  Wash- 
ington." 

(c)  It  shall  be  the  duty  of  the  City  Clerk  to  furnish  upon 
application,  a  reasonable  number  of  forms  of  such  individual 
certificates. 

(d)  Each  certificate  must  be  a  separate  paper.  All  cer- 
tificates must  be  of  a  uniform  size  as  determined  by  the  City 
Clerk.  Each  certificate  must  contain  the  name  of  one  signer 
thereto  and  no  more.  In  case  an  elector  has  signed  two  or 
more  conflictinsr  certificates,  all  such  conflicting  certificates 
shall  be  rejected.  Each  signer  must  make  oath  to  his  certifi- 
cate before  a  Notary  Public  substantially  in  the  form  prescribed 
in  paragraph  (6)  of  this  Section. 

(e)  A  petition  of  nomination,  consisting  of  not  less  than 
twenty-five  individual  certificates  for  any  one  candidate,  may 
be  presented  to  the  City  Clerk  not  earlier  than  thirty  nor  later* 
than  twenty  days  before  the  election.     The  City  Clerk  shall  en- 


62  THE  CHARTER  OF  THE  CITY  OF 

dorse  thereon  the  date  upon  which  the  petition  was  presented  to 
him. 

(/)  When  a  petition  of  nomination  is  presented  for  filing 
to  the  City  Clerk,  he  shall  forthwith  examine  the  same,  and 
ascertain  whether  it  conforms  to  the  provisions  of  this  Article. 
If  found  not  to  conform  thereto,  he  shall  then  and  there  des- 
ignate on  said  petition  the  defect  or  omission  or  reason  why 
such  petition  cannot  be  filed,  and  shall  forthwith  return  the 
petition  to  the  person  named  as  the  person  to  whom  the  same 
shall  be  returned  in  accordance  with  this  Article.  The  petition 
may  then  be  amended  and  again,  but  not  later  than  three  days 
after  said  petition  shall  have  been  returned,  presented  to  the 
City  Clerk,  as  in  the  first  instance.  The  City  Clerk  shall  forth- 
with proceed  to  examine  the  amended  petition  as  hereinbefore 
provided. 

(g)  If  either  the  original  or  the  amended  petition  of 
nomination  be  found  sufficiently  signed,  as  hereinbefore  provid- 
ed, the  Clerk  shall  file  the  same  forthwith. 

(h)  Any  person  nominated  under  this  Article  shall  file 
his  acceptance  with  the  City  Clerk  within  five  days  from  the 
filing  of  the  petition  of  nomination,  and  in  the  absence  of  such 
acceptance  the  name  of  the  candidate  shall  not  appear  on  the 
ballot.  In  said  acceptance,  he  shall  make  affidavit  to  the  fact 
that  he  has  not  become  a  candidate  as  the  nominee  of  or  because 
of  any  promised  support  from  any  political  party  or  any  com- 
mittee or  convention  representing  or  acting  for  any  political 
party.  Any  person  whose  name  has  been  presented  under  this 
Article  as  a  candidate  may,  not  later  than  fifteen  days  before 
the  day  of  election,  cause  his  name  to  be  withdrawn  from  nom- 
ination by  filing  with  the  City  Clerk  a  request  therefor  in 
writing,  and  no  name  so  withdrawn  shall  be  printed  upon  the 
ballot. 

(^)  The  City  Clerk  shall  preserve  in  his  office  for  a  period 
of  two  years  all  petitions  of  nomination  and  all  certificates  be- 
longing thereto  filed  under  the  provisions  of  this  Article. 

Sec.  189.  Balldts.—  (a)  The  City  Clerk  shall,  on  the 
tenth  day  before  the  election,  certify  a  list  of  the  candidates 
nominated  whose  names  are  entitled  to  appear  on  the  ballot  as 
being  the  list  of  candidates  nominated  as  required  by  this 
Charter,  with  the  offices  to  be  filled,  and  the  Council  shall 
cause  such  certified  list  of  names  and  offices  to  be  filled,  desig- 
nating whether  for  a  full  or  unexpired  term,  to  be  published, 
three  successive  days  before  the  election,  in  one  or  more  daily 
newspapers  of  general  circulation  published  in  the  City. 


TACOMA,  WASHINGTON  63 

(6)  The  City  Clerk  shall  cause  the  ballots  to  be  printed 
and  numbered  as  provided  by  law,  except  as  otherwise  provided 
in  this  Charter.  The  ballots  shall  contain  the  list  of  names 
and  the  respective  offices,  as  appearing  in  the  published  list  of 
candidates,  and  shall  be  substantially  in  the  following  form: 

''General  (or  Special)  Election,  City  of  Tacoma. 

"To  be  held 19 

"INSTRUCTIONS  TO  VOTERS: 

"To  vote  place  a  cross  (x)  mark  in  the  square  opposite  the 
name  of  the  candidate  for  whom  you  desire  to  vote.  All  dis- 
tinguishing marks  are  forbidden  and  make  the  ballot  void.  If 
you  wrongly  mark,  tear  or  deface  the  ballot,  return  it  to  the 
judges  of  election  and  obtain  another." 

(c)  The  offices  to  be  filled  shall  be  arranged  in  separate 
columns  in  the  following  manner: 

"For  Mayor  (if  any)  vote  for  one." 

"For  Councilmen  (if  any)  vote  for  (giving  number)." 

"For  Controller  (if  any)  vote  for  one." 

(d)  Squares  shall  be  provided  at  the  right  of  the  name 
of  each  candidate  wherein  to  place  the  cross  (x). 

(e)  All  ballots  printed  shall  be  precisely  the  same  size, 
quality,  tint  of  paper,  kind  of  type,  and  color  of  ink,  so  that 
without  the  number  it  would  be  impossible  to  distinguish  one 
ballot  from  another.  Space  shall  be  provided  on  the  ballot 
for  Charter  Amendments  and  other  questions  to  be  voted  on  at 
any  Municipal  Election,  as  provided  by  this  Charter.  The 
names  of  candidates  for  each  office  shall  be  arranged  in  alpha- 
betical order.  Nothing  on  the  ballot  shall  be  indicative  of  the 
source  of  the  candidacy  or  of  the  support  of  any  candidate.  No 
ballot  shall  have  printed  thereon  any  party  or  political  designa- 
tion or  mark,  and  there  shall  not  be  appended  to  the  name  of 
any  candidate,  any  such  party  or  political  designation  or  mark, 
or  anything  indicating  his  views  or  opinions. 

(/)  The  City  Clerk  shall,  at  least  five  days  before  the  elec- 
tion, cause  to  be  printed  one  thousand  or  more  sample  ballots, 
upon  paper  of  different  color,  but  otherwise  identical  with  the 
ballot  to  be  used  at  the  election,  except  that  across  the  head  of 
same  shall  be  printed  the  words,  "Sample  Ballot,"  and  he 
shall  distribute  the  same  upon  application  to  registered  voters 
at  his  office. 

Sec.  190.  Ten  Days'  Notice  of  Electio7i.—The  City  Clerk, 
by  order  of  the  Council,  shall  give  ten  days'  notice  by  publica- 
tion in  one  or  more  daily  newspapers  published  in  the  City  of 
any  Municipal  Election,  the  officers  to  be  elected,  questions  or 


64  THE  CHARTER  OF  THE  CITY  OP 

measures  to  be  voted  upon,  the  place  designated  in  the  various 
precincts  for  holding  the  election,  and  the  Inspectors  and 
Judges  appointed  to  hold  the  same. 

Sec.  191.  First  or  Primary  Election..— In  case  there  is  but 
one  person  to  be  elected  to  an  office,  the  candidate  receiving 
the  majority  of  the  votes  cast  for  all  the  candidates  for  that  of- 
fice shall  be  declared  elected ;  in  case  there  are  two  or  more  per- 
sons to  be  elected  to  an  office,  then  those  candidates  equal  in  num- 
ber to  the  number  to  be  elected,  who  receive  the  highest  num- 
ber of  votes  for  such  office  shall  be  declared  elected;  providedy 
however^  that  no  person  shall  be  declared  elected  to  any  office 
at  such  first  election  unless  the  number  of  votes  received  by 
him  shall  be  greater  than  one-half  of  the  number  of  ballots 
cast  at  such  election. 

Sec.  192.  Second  Election.— (a)  ■  As  to  any  office  not  filled 
by  majority  vote  as  prescribed  in  Section  191  of  this  Article, 
said  first  election  shall  be  deemed  a  primary  election  for  the 
nomination  of  candidates  therefor,  and  a  second  election  shall 
be  held  to  fill  such  office.  At  said  second  election  the  only  can- 
didates whose  names  are  printed  upon  the  ballots  shall  be,  if  for 
the  office  of  Mayor  or  Controller,  the  two  persons  who  at  such 
primary  election  received  the  highest  number  of  votes  therefor, 
and,  if  for  the  office  of  Councilman,  those  persons,  not  exceeding 
twice  the  number  of  the  office  or  offices  to  be  filled,  who  at  such 
primary  election  received  the  highest  number  of  votes  less  than  a 
majority  for  each  office;  provided^  liowei^er,  that  any  person 
who  at  such  primary  election  received  the  same  number  of 
votes  (for  such  office),  as  any  person  so  made  a  candidate  for 
that  office,  shall  also  be  a  candidate  for  that  office  at  said  sec- 
ond election,  and  that  any  candidacy  at  said  second  election 
made  vacant  by  death,  withdrawal  or  otherwise  shall  be  filled  by 
selection  of  the  person  (or  persons,  if  more  than  one)  who  at 
said  primary  election  secured  the  next  highest  number  of  votes 
less  than  a  majority  for  said  office.  At  said  second  election 
the  candidates  receiving  the  highest  number  of  votes  shall  be 
declared  elected.  In  case  two  candidates  for  the  same  office 
shall  receive  at  said  second  election  an  equal  number  of  votes, 
neither  shall  be  deemed  elected,  and  a  third  election  shall  be 
held  in  the  manner  provided  herein  for  said  second  election. 

(h)  The  said  second  election,  if  necessary  to  be  held* 
shall  be  held  two  weeks  after  the  first  election. 

(c)  All  the  provisions  and  conditions  of  this  Article  as 
to  the  conduct  of  an  election,  so  far  as  they  may  be  applicable, 
shall  govern  the  second  election,  except  that  the  notice  of  election 


TACOMA,  WASHINGTON  65 

shall  be  published  only  once,  and  provided  also  that  the  same 
precincts  and  polling  places  shall,  if  possible,  be  used. 

Sec.  193.  Election  Officers— Jiulges— Appointment.  —  It 
shall  be  the  duty  of  the  Council  at  its  regular  session,  and  at 
least  twelve  days  previous  to  the  day  of  holding  any  municipal 
election,  to  appoint  for  each  precinct  from  the  qualified  electors 
of  said  precinct,  one  Inspector  and  two  Judges,  who  shall  consti- 
tute a  Board  of  Judges  of  Election.  In  case  those  appointed  in 
accordance  with  this  section  shall  not  be  present  at  the  place 
designated  by  the  Council,  at  the  hour  to  open  the  polls,  the 
electors  present  may  appoint  a  Board  of  Judges  for  such  pre- 
cinct. 

Sec.  194.  Clerks.— The  Inspector  and  Judges  of  election 
for  each  precinct  shall,  before  the  time  for  opening  the  polls, 
appoint  two  suitable  persons  to  act  as  Clerks,  who  shall  be 
qualified  voters.  Each  Clerk  shall  write  down  each  office  to  be 
filled  and  the  name  of  each  person  voted  for  for  such  office, 
and  shall  keep  the  number  of  voters  by  tallies,  as  they  are 
read  aloud  by  the  Inspector  or  Judge. 

Sec.  195.  Oath  of  Officers.— The  Inspector,  Judges  and 
Clerks  aforesaid  shall  before  entering  upon  the  duties  of  their 
offices,  severally,  take  and  subscribe  the  oath  or  affirmation 
hereinafter  directed. 

Inspector.  The  following  shall  be  the  form  of  the  oath  or 
affinnation  to  be  taken  by  each  Inspector: 

'*I,  A.  B.,  do  swear  (or  affirm)  that  I  will  duly  attend  to 
the  ensuing  election,  during  the  continuance  thereof,  as  an  In- 
spector, and  that  I  will  not  receive  any  ticket  or  vote  from 
any  person  other  than  such  as  I  shall  firmly  believe  to  be,  ac- 
cording to  the  provisions  of  the  laws  of  this  State,  entitled  to 
vote  at  such  election,  without  requiring  such  evidence  of  the 
right  to  vote  as  is  directed  by  law;  nor  will  I  vexatiously  delay 
or  refuse  to  receive  any  vote  from  any  person  whom  I  believe  to 
be  entitled  to  vote  as  aforesaid ;  but  that  I  will  in  all  things  tru- 
ly, impartially  and  faithfully  perform  my  duty  therein  to  the 
best  of  my  judgment  and  ability ;  and  that  I  am  not  directly  or 
indirectly  interested  in  any  bet  or  wager  on  the  result  of  this 
election. ' ' 

Judge.  The  following  shall  be  the  form  of  the  oath  or  af- 
firmation to  be  taken  by  each  Judge: 

"I,  A.  B.,  do  swear  (or  affirm)  that  I  will,  as  Judge,  duly 
attend  the  ensuing  election  during  the  continuance  thereof,  and 
faithfully  assist  the  Inspector  in  carrying  on  the  same;  that 
I  will  not  give  my  consent  that  any  vote  or  ticket  shall  be  re- 


66  THE  CHARTER  OF  THE  CITY  OF 

ceived  from  any  person  other  than  such  as  I  firmly  believe  to 
be  according  to  the  law  of  the  State  entitled  to  vote  at  such 
election ;  and  that  I  will  make  a  true  and  perfect  return  of  the 
said  election  and  will  in  all  things  truly,  impartially  and  faith- 
fully perform  my  duty  rr'^pecting  the  same  to  the  best  of  my 
judgment  and  ability;  and  that  I  am  not  directly  nor  indirect- 
ly interested  in  any  bet  or  wager  on  the  results  of  this  election.'* 

Clerk.  The  following  shall  be  the  form  of  oath  or  affirma- 
tion to  be  taken  by  Clerks: 

*'I,  A.  B.,  do  swear  (or  affirm)  that  I  will  impartially  and 
truly  write  down  the  name  of  each  elector  who  shall  vote  at  the 
ensuing  election,  and  also  the  name  of  the  ward  and  precinct 
wherein  such  elector  resides,  and  carefully  and  truly  write  down 
the  number  of  votes  that  shall  be  given  for  each  candidate  at 
the  election  as  often  as  his  name  shall  be  read  to  me  by  the 
Inspector  thereof,  and  in  all  things  truly  and  faithfully  per- 
form my  duty  respecting  the  same  to  the  best  of  my  judgment 
and  ability;  and  that  I  am  not  directly  or  indirectly  interested 
in  any  bet  or  wager  on  the  result  of  this  election. ' ' 

Sec.  196.  Inspector— Powers  and  Duties.— The  Inspector 
shall  be  Chairman  of  the  Board,  and  after  its  organization  shall 
have  power  to  administer  all  necessary  oaths  which  may  be 
required  in  the  progress  of  the  election.  He  shall  also  have 
power  to  fill  any  vacancy  that  may  occur  in  the  Board  of  Judges, 
or  by  absence  or  refusal  to  serve  of  either  of  the  Clerks,  after  the 
polls  shall  have  been  opened.  The  Inspector  shall  deliver  the 
returns  of  all  municipal  elections  to  the  City  Clerk. 

Sec.  197.  Informalities  in  Election.— ^o  informalities  in 
conducting  municipal  elections  shall  invalidate  the  same,  if 
they  have  been  conducted  fairly  and  in  substantial  conformity 
with  the  requirements  of  this  Charter. 

Sec.  198.  Cowncil  Shall  Canvass  Vote.— The  Council  shall 
meet  as  a  Canvassing  Board  and  publicly  canvass  the  election  re- 
turns within  two  days  after  any  municipal  election,  and  in  case 
of  the  election  of  officers  shall  issue  certificates  of  election  to 
each  person  elected. 

Sec.  199.  Oath  of  Clerks  on  Returns.— At  the  time  ap- 
pointed for  the  canvass  of  the  returns,  the  City  Clerk  shall  de- 
liver the  same  to  the  Council,  and  shall  make  the  following 
oath  or  affirmation,  which  may  be  administered  to  him  by  the 
presiding  officer: 

*'I, ,  do  hereby  solemnly  swear 

I  or  affirm)  that  the  returns  purporting  to  be  the  election  re- 
turns of  the  several  wards  (or  the ward)  of  this  City,  have 


TACOMA,  WASHINGTON  67 

been  in  nowise  altered,  and  that  they  axe  the  same  as  when  I 
received  them.     So  help  me  God.'' 

Sec.  200.  Ballots— Preservation^  Etidorsement,  Eic.—The 
envelope  containing  the  ballots  when  sealed  up  shall  be  endors- 
ed, ''Ballots  of precinct, ward,  Tacoma,  of 

election  held  this day  of ,19 , " 

and  shall  be  delivered  by  the  Inspector  to  the  City  Clerk,  who 
shall  keep  said  sealed  envelope  unopened  until  the  time  ap- 
pointed for  the  canvass  of  the  returns,  and  until  directed  by 
the  Council  to  open  the  same  in  the  presence  of  the  Council. 
Said  envelope  shall  not  be  opened  as  aforesaid,  except  for  the 
purpose  of  counting  the  votes  cast  for  a  member  or  members 
of  the  Council,  the  flavor,  the  Controller,  and  any  question 
voted  on  at  such  election.  If  opened  for  such  purpose,  the  same 
shall  be  opened  in  such  manner  as  to  preserve  the  endorsement, 
and  the  Council  shall  at  once  proceed  to  count  the  said  votes, 
and  continue  the  counting  thereof  until  all  the  said  votes  shall 
be  counted;  and  as  soon  as  such  count  is  completed,  or  when 
adjournments  are  taken,  the  ballots,  together  with  the  envelope 
opened,  shall  be  placed  by  the  City  Clerk,  in  the  presence  of 
the  Council,  in  another  envelope,  which  shall  then  be  sealed,  and 
endorsed  by  the  Clerk, 

"Ballot  of precinct, ward,  Tacoma,  of  elec- 

"  tion  held    ,   19 ....  ;   original  envelope 

"opened  by  the  City  Clerk,  in  the  presence  of  the  Council, 
"(giving  date)." 

The  like  proceedings  with  respect  to  the  same  ballots  may 
be  had  from  time  to  time,  all  envelopes  opened  being  placed 
with  the  ballots  in  a  new  envelope,  which  shall  be  sealed  and  en- 
dorsed by  the  City  Clerk,  with  a  copy  of  the  endorsement  of 
the  original  envelope  and  the  date  of  the  opening  of  the  last 
envelope  opened;  and  said  baUots  shall  have  the  same  effect  as 
evidence  in  any  contest  concerning  an  election  to  an  office,  other 
than  a  member  of  the  Council,  as  if  the  original  envelope  had 
never  been  opened  by  the  Council.  Said  ballots  may  be  de- 
stroyed by  th3  Clerk  whenever  ordered  by  the  Council,  at  any 
time  after  the  expiration  of  six  months  after  election. 

Sec.  201.  Certificate  as  Evidence.— A  certificate  of  elec- 
tion is  prima  facie  evidence  of  the  facts  therein  stated,  but  the 
Council  is  the  final  judge  of  the  election  and  qualification  of  its 
own  members.  A  contested  election  for  any  other  ofiice  must  be 
determined  according  to  the  laws  of  the  State  regulating  pro- 
ceedings in  contested  elections  for  county  offices. 


68  THE  CHARTER  OF  THE  CITY  OF 

Sec.  202.  Special  Election.— A  special  election  may  be  ord- 
ered by  the  Council  at  any  time,  and  held  in  the  several  polling 
precincts  of  the  City,  by  giving  ten  days'  notice  thereof  in  one 
or  more  daily  newspapers  published  in  the  City,  and  such  elec- 
tion shall  be  conducted  and  the  returns  thereof  canvassed  in  like 
manner  as  general  municipal  elections  in  the  City. 

Sec.  203.  Election  Hours.— At  all  elections  held  under  the 
provisions  of  this  Charter,  the  polls  shall  be  opened  at  nine 
o'clock  A.  M.,  and  closed  at  eight  o'clock  P.  M. 

Sec.  204.  Otlier  Provisions  by  Ordinance.  —  All  matters 
pertaining  to  elections  and  not  provided  for  by  general  laws  and 
not  herein  provided  for,  shall  be  as  provided  by  Ordinance. 

Sec.  205.  Election  and  Qioalifica!tion  of  First  Officers  Here- 
under—Time.— The  offices  created  by  this  Charter  shall  not 
supercede  or  dispense  with  offices  now  existing,  until  the  elec- 
tion and  qualification  of  the  officers  first  elected  under  this 
Charter,  but  the  City  Government  shall  be  and  remain  as  now 
constituted  until  such  first  election  and  qualification  of  officers 
hereunder.  The  nominations  for  such  offices  shall  be  made  and 
such  election  conducted  in  all  respects  as  in  this  Charter  pro- 
vided, and  upon  the  election  and  qualification  of  the  officers  so 
nominated  and  elected  under  this  Charter,all  houses,  boards  and 
officers  [offices]  existing  under  the  former  Charter  shall,  except 
as  otherwise  provided  in  this  Charter,  immediately  determine  and 
cease  to  exist.  It  is  the  express  intention  hereby  to  continue 
the  existing  Officers  and  City  Government,  except  as  to  mat- 
ters pertaining  to  the  nomination  and  election  of  Officers  under 
this  Charter,  until  the  first  election  and  qualification  of  Offi- 
cers as  in  this  Charter  provided,  but  no  longer. 

Sec.  206.  Duty  of  Present  Officers  as  to  Elections.— It 
shall  be  the  duty  of  the  Mayor,  Controller,  Treasurer,  City 
Clerk  and  other  Officers  in  office  when  this  Charter  is  adopted, 
to  comply  with  all  requirements  of  this  Article  relating  to  Elec- 
tions, to  the  end  that  all  things  necessary  to  the  nomination  and 
election  of  the  officers  first  to  be  elected  under  this  Charter, 
shall  be  done  as  provided  in  this  Charter. 

Sec.  207.  Publication  of  Expenses— Limitation.  —  Every 
elective  officer  of  the  City  shall,  within  thirty  days  after  quali- 
fying, file  with  the  City  Clerk  and  publish  at  least  once  in  a 
daily  newspaper  of  general  circulation,  his  sworn  statement  of 
all  his  election  and  campaign  expenses,  and  by  whom  said  funds 
were  contributed,  whether  the  same  be  made  by  himself  or  by 
his  agents.  Any  person  shall  be  taken  and  deemed  an  agent 
within  the  meaning  of  this  section  whose  efforts  on  behalf  of 


TACOMA,  WASHINGTON  69 

said  candidate,  or  whose  relations  to  him  are  such  as  to  give  rise 
to  the  presumption  of  such  agency. 

The  election  and  campaign  expenses  of  any  candidate  shall 
not  exceed  the  sum  of  Five  Hundred  Dollars,  including  the  ex- 
penditures made  by  the  candidate  himself  or  by  his  agents  as 
herein  defined. 

Any  violation  of  this  section  shall  be  a  misdemeanor  and 
ground  for  removal  from  office. 

ARTICLE  XVI. 

RECAULi  OF  ELECTIVE  OFFICERS. 

Sec.  208.  Applies  to  All  Elective  Officers.— The  holder  of 
any  elective  office  may  be  removed  by  the  qualified  electors  of 
the  City.  The  procedure  to  effect  such  removal  from  office  shaU 
be  as  follows : 

Sec.  209.  Petition,  Form  and  Reqidrements  of.— A  petition 
signed  by  electors  qualified  to  vote  for  a  successor  to  the  in- 
cumbent sought  to  be  removed  equal  in  number  to  at  least  twen- 
ty-five per  centum  of  the  last  preceding  vote  cast  for  all  candi- 
dates for  Mayor,  provided,  that  the  number  of  signers  shall  in  no 
case  be  less  than  two  thousand  five  hundred,  demanding  an 
election  of  a  successor  of  said  incumbent,  shall  be  addressed  to 
the  Council  and  filed  with  the  City  Clerk. 

The  Council  shall  provide  blank  forms  for  such  petitions, 
which  forms  shall  be  kept  by  and  secured  from  the  Clerk.  The 
Clerk,  upon  issuing  such  forms  to  any  person,  shall  enter  the 
name  of  the  person  to  whom  issued,  the  date  of  such  issuance 
and  the  number  of  forms  issued,  in  a  record  to  be  kept  in  his 
office  for  that  purpose,  and  shall  certify  on  each  of  said  forms 
under  the  seal  of  the  City,  the  name  of  the  person  to  whom 
issued  and  the  date  of  issuance.  No  petition  shall  be  filed  un- 
less it  shall  bear  such  certificate  of  the  Clerk. 

All  petitions  shall  be  returned  and  filed  with  the  Clerk 
within  thirty  days  from  the  date  of  issuance  of  such  forms. 
The  petition  shall  contain  a  specific  statement  of  the  grounds 
upon  which  such  removal  is  sought.  The  signatures  to  the  pe- 
tition need  not  all  be  appended  to  one  paper,  but  each  signer 
shall  add  to  his  signature  his  place  of  residence,  giving  the 
street  and  number.  One  of  the  signers  of  each  such  paper  shall 
make  oath  before  an  officer  competent  to  administer  oaths,  that 
the  statements  contained  therein  are  true,  and  that  each  signature 
appended  to  the  paper  is  the  genuine  signature  of  the  person 
whose  name  it  purports  to  be.  All  papers  composing  said  pe- 
tition shall  be  assembled  and  filed  as  one  instrument,  with  en- 


70  THE  CHARTER  OF  THE  CITY  OF 

dorsement  thereon  of  the  names  and  addresses  of  at  least  three 
persons  designated  as  filing  said  petition. 

Provided^  that  prior  to  the  issuance  of  any  blank  forms  of 
petition  for  recall  an  affidavit  shall  be  made  by  one  or  more 
qualified  electors,  which  affidavit  shall  state  the  name  of  the 
officer  or  officers  sought  to  be  removed  and  the  ground  upon 
which  the  removal  is  sought,  and  such  affidavit  shall  be  filed 
with  the  Clerk,  ^ 

Sec.  210.  Petition  May  he  Amended  or  Beneiued,— Within 
ten  days  from  the  filing  of  said  petition  the  Clerk  shall  ascertain 
by  examination  thereof  and  of  the  registration  books  and  elec- 
tion returns  whether  the  petition  is  signed  by  the  required 
number  of  qualified  electors,  and  shall  attach  thereto  his  certifi- 
cate showing  the  result  of  such  examination.  He  shall,  if  neces- 
sary, be  allowed  extra  help  by  the  Council  for  this  purpose. 

If  his  certificate  shows  that  the  petition  be  insufficient,  he 
shall  within  five  days  notify  in  Avriting  one  or  more  of  the  per- 
sons designated  on  the  petition  as  filing  the  same;  and  the  pe- 
tition may  be  amended  at  any  time  within  fifteen  days  from  the 
date  of  the  filing,  by  the  Clerk,  of  his  certificate  of  examination. 
The  Clerk  shall  within  ten  days  after  such  amendment  has 
been  filed  make  like  examination  of  the  amended  petition  and 
attach  thereto  his  certificate  of  the  result.  If  still  insufficient, 
or  if  no  amendment  shall  have  been  filed,  he  shall  return  the  pe- 
tition to  one  of  the  persons  designated  as  filing  it,  without  pre- 
judice, however,  to  the  filing  of  a  new  petition  for  the  same 
purpose. 

Sec.  211.  Election  Under  Recall  Petition.— It  the  petition 
or  amended  petition  shall  be  found  and  certified  by  the  Clerk  to 
be  sufficient,  he  shall  submit  the  same  with  his  certificate  to  the 
Council  without  delay,  and  the  Council  shall,  if  the  officer  sought 
to  be  removed  does  not  resign  within  five  days  thereafter,  there- 
upon order  an  election  to  be  held  on  a  Tuesday  fixed  by  it,  not 
less  than  thirty  days  nor  more  than  forty  days  from  the  date 
of  the  Clerk's  certificate  that  a  sufficient  petition  has  been  filed. 
Provided,  however,  that  if  any  other  municipal  election  is  to  oc- 
cur within  sixty  days  from  the  date  of  the  Clerk's  certificate, 
the  Council  may,  in  its  discretion,  postpone  the  holding  of  the 
removal  election  to  the  date  of  such  other  municipal  election. 
If  a  vacancy  occur  in  said  office  after  a  removal  election  has 
been  so  ordered,  the  election  shall  nevertheless  proceed  as  in  this 
Article  provided. 

Sec.  212.  Candidates— Election.— Any  officer  sought  to  be 
removed  may  be  a  candidate  to  succeed  himself,  and  unless  he 


TACOMA,  WASHINGTON  71 

requests  otherwise  in  writing,  the  Clerk  shall  place  his  name 
on  the  official  ballot  without  nomination.  The  nomination  of 
other  candidates,  the  publication  of  notice  of  such  removal  elec- 
tion and  the  conduct  of  the  same,  shall  all  be  in  accord  with  the 
provisions  of  Article  XV.  hereof,  relating  to  elections. 

In  such  removal  election  the  candidate  receiving  the  ma- 
jority of  all  votes  cast  for  said  office  at  the  first  election,  or  if 
that  prove  to  be  a  primary  election,  then  the  candidate  receiv- 
ing the  highest  number  of  votes  at  the  second  election,  shall  be 
declared  elected.  Said  second  election,  if  necessary,  shall  be  held 
fourteen  days  after  the  first  election. 

Sec.  213.  Incumbent  Removed.— The  incumbent  shall  con- 
tinue to  perform  the  duties  of  his  office  until  the  removal  elec- 
tion. If  then  elected  he  shall  continue  in  office  for  the  balance  of 
his  term,  unless  recalled  or  removed  as  herein  provided.  If 
not  then  elected,  he  shall  be  deemed  removed  from  office  upon  the 
qualification  of  his  successor  who  shall  hold  office  during  the 
unexpired  term,  unless  recalled  or  removed  as  herein  provided. 
If  the  successor  fail  to  qualify  within  ten  days  after  receiving 
notice  of  his  election,  the  incumbent  shall  thereupon  be  deemed 
removed  and  the  office  vacant.  The  method  of  removal  by  re- 
call herein  provided  for,  shall  be  cumulative  and  additional  to 
any  method  othenvise  provided  in  this  Charter. 

Sec.  214.  No  Becall  Petition  for  First  Six  Mont1is.—l<^o  re- 
call petition  shall  be  filed  against  any  officer  until  he  has  actual- 
ly held  his  office  for  at  least  six  months. 

Sec.  215.  Incapacity  of  Recalled  Officer.— ^o  person  who 
has  been  removed  from  an  office  by  recall,  or  who  has  resigned 
from  such  office  while  recall  proceedings  were  pending  against 
him,  shall  be  appointed  to  any  office  within  one  year  after  such 
removal  by  recall  or  resignation. 

ARTICLE  XVII. 

THE  INITIATIVE. 

Sec.  216.  Direct  Legislatixru. — Any  proposed  ordinance 
may  be  submitted  to  the  Council  by  petition  signed  by  qualified 
electors  of  the  City,  equal  in  number  to  the  per  centa^e  herein- 
after required.  The  procedure  in  respect  to  such  petition  shall 
be  the  same  as  provided  in  Sections  209  and  210  of  this  Charter, 
with  such  modifications  as  the  nature  of  the  case  requires,  except 
that  no  blank  forms  shall  be  furnished  or  preliminary  affidavits 
made. 

Sec.  217.  Twenty  Per  Cent.  Petition.— li  the  petition  ac- 
companying the  proposed  ordinance  be  signed  by  qualified  elec- 


72  THE  CHARTER  OF  THE  CITY  OF 

tors  equal  in  number  to  twenty  per  centum  of  the  last  preceding 
vote  cast  for  all  candidates  for  Mayor,  and  contains  a  request 
that  said  proposed  ordinance  be  submitted  to  a  vote  of  the  peo- 
ple, if  not  passed  by  the  Council,  the  Council  shall,  within  twen- 
ty days  after  the  attachment  of  the  Clerk's  certificate  of  suffi- 
ciency to  the  accompanying  the  petition,  either— 

{a)  Pass  the  ordinance  without  alteration  (subject  to  the 
referendary  vote  under  the  provisions  of  Sections  226  and  227 
of  this  Charter) ;  or 

(&)  Call  a  special  election,  unless  a  general  municipal 
election  is  fixed  within  ninety  days  thereafter,  and  at  such  spe- 
cial or  general  municipal  election  said  proposed  ordinance  shall 
be  submitted  without  alteration  to  the  vote  of  the  qualified  elect- 
ors of  the  City. 

Sec.  218.  Five  Per  Cent.  Petition.— 1^  the  petition  be  signed 
by  qualified  voters  equal  in  number  to  at  least  five  per  centum, 
but  less  than  twenty  per  centum,  of  the  last  preceding  vote  cast 
for  all  candidates  for  Mayor,  and  said  proposed  ordinance  be 
not  passed  without  alteration  by  the  Council,  within  twenty 
days,  as  provided  in  the  preceding  section,  then  such  proposed 
ordinance,  without  alteration,  shall  be  submitted  by  the  Council 
to  a  vote  of  the  electors  at  the  next  general  municipal  election 
should  the  same  occur  not  less  than  thirty  days  thereafter. 

Sec.  219.  Puhlication  of  Electoral  Ordinance.— WlaeneYeT 
any  proposed  ordinance  is  required  by  this  Charter  to  be  sub- 
mitted to  the  voters  of  the  City  at  any  election,  the  Council  shall 
cause  said  proposed  ordinance  to  be  published  in  full  in  the  of- 
ficial newspaper  for  five  consecutive  days,  the  first  publication 
to  be  ten  days  before  election. 

Sec.  220.  Election.— The  ballots  used  when  voting  upon 
such  proposed  ordinance  shall  contain  the  words :  ' '  For  the  Ordi- 
nance" (stating  the  nature  of  the  proposed  ordinance)  and 
*' Against  the  Ordinance"  (stating  the  nature  of  the  proposed 
ordinance).  If  a  majority  of  the  qualified  electors  voting  on 
said  proposed  ordinance  shall  vote  in  favor  thereof,  the  same 
shall  thereupon  become  an  ordinance  of  the  City. 

Sec.  221.  Several  Ordinances  at  One  Election.— Any  num- 
ber of  proposed  ordinances  may  be  voted  on  at  the  same  election, 
in  accordance  with  the  provisions  of  this  Article. 

Sec.  222.  Limit  to  Special  ElectioTis.— There  shall  not  be 
held  under  this  Article  of  the  Charter,  more  than  one  special 
election  in  any  period  of  twelve  months.  Section  217  of  this  Ar- 
ticle shall  be  subject  to  and  considered  in  connection  with  this 
section. 


TACOJMA,  WASHINGTON  73 

Sec.  223.  Repeal  of  Electoral  Ordinance.  —  The  Council 
may  submit  a  proposition  for  the  repeal  or  amendment  of  any 
ordinance  so  adopted  by  electoral  vote,  to  be  voted  upon  at  any 
succeeding  general  municipal  election,  and  should  such  proposi- 
tion so  submitted  receive  a  majority  of  the  votes  cast  thereon  at 
such  election,  such  ordinance  shall  be  repealed  or  amended  ac- 
cordingly. An  ordinance  so  adopted  by  electoral  vote,  cannot  be 
repealed  or  amended  except  by  electoral  vote. 

Sec.  224.  The  provisions  of  this  Article  shall  not  apply  to 
any  ordinance  granting  a  franchise. 

Sec.  225.  The  Council  may,  by  ordinance,  make  such  fur- 
ther regulations  as  it  may  deem  necessary  to  carry  out  the  pro- 
visions of  this  Article. 

ARTICLE  XVIII. 

THE  REFERENDUM. 

Sec.  226.  Mode  of  Proksting  Against  Ordinance. — No  or- 
dinance passed  by  the  Council  shall  go  into  effect  before  ten  days 
from  the  date  of  its  final  passage,  except  ordinances  making  tax 
lev^^  or  appropriation,  or  ordinances  relating  to  Local  Improve- 
ment Districts,  and  also  excepting  any  ordinance  for  the  immedi- 
ate preservation  of  the  public  peace,  health  or  safety,  which  ordi- 
nances shall  contain  a  statement  of  its  urgency. 

If,  during  said  ten  days,  a  petition  signed  by  qualified  elect- 
ors of  the  City  equal  in  number  to  at  least  fifteen  per  centum 
of  the  last  preceding  vote  cast  for  all  candidates  for  Mayor  be 
presented  to  the  Council,  protesting  against  the  going  into 
effect  of  such  ordinance,  the  same  shall  thereupon  be  suspended 
from  going  into  effect,  and.  it  shall  be  the  duty  of  the  Council 
to  reconsider  such  ordinance,  and  if  the  same  be  not  entirely  re- 
pealed, the  Council  shall  submit  the  ordinance,  as  is  provided  in 
Article  XVII.  of  this  Charter,  to  a  vote  of  the  qualified  elect- 
ors of  the  City,  either  at  the  next  general  municipal  election  or 
at  a  special  election  to  be  called  for  that  purpose,  and  such  ordi- 
nance shall  not  go  into  effect  unless  a  majority  of  the  qualified 
electors  voting  on  the  same  shall  vote  in  favor  thereof. 

The  procedure  in  respect  to  such  petition  shall  be  the  same 
as  provided  in  Section  209  and  210  of  this  Charter,  with  such 
modifications  as  the  nature  of  the  case  requires,  except  that  no 
blank  forms  shall  be  furnished  or  preliminary  affidavits  made. 

Sec.  227.  Reference  hy  the  Council.— The  Council  may,  of 
its  own  motion,  submit  to  electoral  vote  for  adoption  or  rejec- 
tion at  a  general  or  special  municipal  election  any  proposed 
ordinance  or  measure  in  the  same  manner  and  with  the  same 


74  THBi  CHARTER  OF  THE  CITY  OF 

force  and  effect  as  is  provided  in  Article  XVII.  If  the  pro- 
visions of  two  or  more  proposed  ordinances  or  measures  adopted 
or  approved  at  the  same  election  conflict,  then  the  ordinance  or 
measure  receiving  the  his^hest  affirmative  vote  shall  control. 

Sec.  228.  Further  Regulations.— The  Council  may,  by  ordi- 
nance, make  such  further  regulations  as  it  may  deem  necessary 
to  carry  out  the  provisions  of  this  Article. 

ARTICLE  XIX. 

FRANCHISES. 

Sec.  229.  When  Effective.— 'Mo  ordinance  granting  a  fran- 
chise shall  be  passed  by  the  Council  before  the  second  regular 
meeting  of  the  Council  after  its  introduction,  nor  until  read  in 
full  at  two  regular  meetings,  nor  until  after  the  expiration  of 
thirty  days  from  its  introduction,  and  no  ordinance  granting  a 
franchise  shall  become  effective  until  after  the  expiration  of 
thirty  days  from  the  date  of  its  publication  after  its  passage. 

Sec.  230.  Suhmitted  on  Twelve  Per  Cent.  Petition.— It 
within-  said  thirty  days  after  the  publication  of  any  ordinance 
granting  a  franchise,  a  petition  signed  by  qualified  electors  of 
the  City  equal  in  number  to  at  least  twelve  per  centum  of  the 
last  preceding  vote  cast  for  all  candidates  for  Mayor  at  the 
regular  municipal  election,  be  presented  to  the  Council,  protest- 
ing against  the  going  into  effect  of  such  ordinance,  the  same 
shall  thereupon  be  suspended  from  going  into  effect,  and  the 
Council  shall  at  its  next  regular  meeting  re-consider  such  ordi- 
*iance  and  if  the  same  be  not  entirely  repealed,  the  Council 
shall  submit  the  ordinance  to  a  vote  of  the  qualified  electors 
either  at  the  next  general  municipal  election  or  at  a  special  elec- 
tion to  be  called  for  that  purpose,  and  such  ordinance  shall  not 
go  into  effect  until  a  majority  of  the  qualified  electors  voting 
thereon  shall  vote  in  favor  thereof.  The  procedure  in  respect  to 
such  petition  shall  be  the  same  as  provided  in  Article  XVIII.  of 
this  Charter,  except  that  no  ordinance  granting  a  franchise  shall 
be  submitted  to  the  vote  of  the  qualified  electors  until  the  appli- 
cant therefor  shall  have  deposited  with  the  Treasurer  a  sum 
sufficient  to  pay  the  expenses  of  such  submission  (to  be  estimated 
by  the  City  Clerk,  and  if  within  ten  days  after  such  petition  is 
filed  such  deposit  be  not  made)  said  ordinance  shall  be  abso- 
lutely null  and  void. 

Sec.  231.  Unused  Franchises  to  Be  Repealed.— AW  fran- 
chises or  privileges  heretofore  granted  by  the  City  of  Tacoma, 
which  are  not  in  actual  use  or  enjoyment,  or  which  the  grantees 
thereof  have  not  in  good  faith  commenced  to  exercise  at  the  time 


TACOMA,  WASHINGTON  75 

of  the  adoption  of  this  Charter,  are  hereby  declared  forfeited 
and  of  no  validity,  and  it  shall  be  the  duty  of  the  Council  to 
cany  out  the  provisions  of  this  Section  by  the  enactment  of 
ordinances  repealing  said  franchises ;  provided,  that  this  Section 
shall  not  apply  to  any  franchise  in  which  the  ordinance  granting 
the  same  shall  have  fixed  a  time  within  which  work  shall  com- 
mence or  be  completed  thereunder  and  such  time  shall  not  have 
expired  at  the  time  of  the  adoption  of  this  Charter. 

Sec.  232.  Extensioii  Only  far  Unexpired  Term.— When  any 
person  or  corporation  holding  a  franchise  for  the  locating,  con- 
structing or  operating  of  a  railroad  over  a  portion  of  any  street, 
and  said  fanchise  has  not  expired,  shall  subsequently  apply  for 
a  franchise  to  locate,  construct  or  operate  a  railroad  on  any  oth- 
er portion  of  the  same  street  or  upon  any  other  street  in  connec- 
tion therewith,  said  second  franchise  shall  only  be  granted  for 
the  unexpired  term  of  the  first  franchise. 

Sec.  233.  Light  and  Water  Franclvises  Prohibited.— T\\q 
legislative  power  of  the  City  is  forever  prohibited  from  granting 
to  any  person  or  corporation  whatever,  a  franchise,  privilege  or 
right  to  sell  or  supply  water  or  electric  lights  within  the  City 
of  Tacoma,  to  the  City  or  any  of  its  inhabitants  as  long  as  the 
Citj"  owns  a  plant  or  plants  for  that  purpose,  and  is  engaged  in 
the  public  duty  of  supplying  water  or  light;  except  that  the 
Council  may  grant  a  permit  to  supply  water  or  electric  light  to 
any  section  or  part  of  the  City  of  Tacoma  not  supplied  or  furn- 
ished by  the  City  water  or  light  plant,  to  cease  and  determine  at 
such  time  as  the  City  of  Tacoma  shall  furnish  and  provide  wat- 
er or  light  in  said  section  or  part  of  the  Citj^ 

Provided,  that  no  such  permit  shall  be  exclusive  nor  shall 
any  such  permit  exist  for  a  longer  period  than  ten  years  without 
renewal,  and  where  such  permit  is  for  furnishing  water  it  can 
only  be  revoked  upon  the  City  purchasing  the  water  pipes  of 
such  person  or  corporation  laid  upon  any  street  by  paying  there- 
for the  reasonable  value  at  the  time  of  the  taking,  to  be  de- 
termined by  arbitration  in  a  manner  which  shall  be  fixed  in 
every  such  permit  for  furnishing  water,  and  every  such  permit 
shall  provide  that  the  City  may  on  such  terms  revoke  such 
permit  as  to  any  particular  street  or  streets  or  parts  thereof, 
paying  for  the  pipes  thereon  without  being  required  to  pu- 
ehase  pipes  on  other  streets  or  parts  thereof ; 

Provided,  further,  that  the  foregoing  proviso  shall  never 
be  construed  as  preventing  the  City  from  laying  its  own  pipes 
on  any  such  street  or  streets  or  parts  thereof  in  any  such  sec- 
tion or  part  of  the  City,  and  competing  with  such  person  or 


76  THE  CHARTER  OF  THE  CITY  OF 

corporation  without  purchasing  the  pipes  of  such  person  or 
corporation  which  may  have  been  laid  upon  such  street  or 
streets;  and 

Provided,  further,  that  nothing  in  this  Section  shall  be 
construed  as  preventing  the  City  from  revoking  any  such  per- 
mit to  any  person  or  corporation  furnishing  light  without  any 
payment  whatever. 

Sec.  234.  No  Franchise  Without  Compe'^cSation.—'No  fran- 
chise shall  ever  be  granted  to  any  person  or  corporation  except 
upon  proper  compensation  to  the  City  by  way  of  a  payment  into 
the  City  treasury  of  a  per  centage  of  its  gross  receipts ;  the  per 
centage  to  be  paid  to  the  City  shall  in  no  case  be  less  than  one 
per  cent,  per  annum  of  the  gross  receipts,  and  the  legislative 
power  of  the  City  shall  make  provision  by  ordinance  for  ascer- 
taining accurately  what  the  actual  gross  receipts  of  any  such 
person  or  corporation  may  be  per  annum;  provided,  that  this 
shall  not  apply  to  railroads,  except  street  railroads. 

Sec.  235.  Baiilroad  Shall  Pave  and  Ee-Pave,—^o  fran- 
chise -shall  ever  be  granted  to  any  person,  association  of  per- 
sons, or  to  any  corporation  for  the  purpose  of  locating  and 
constructing  any  railroad  or  street  railroad  in  any  street,  al- 
ley or  public  place  in  the  City  of  Tacoma,  except  the  same  con- 
tain a  condition  that  such  person,  association  or  corporation 
shall  pave  and  improve  the  street  over  which  said  street  railway 
company  or  other  railway  company  lays  or  has  laid  its  track  or 
tracks,  between  the  outer  rails  of  said  track  or  tracks,  and  for 
a  space  of  at  least  two  feet  on  each  side  outside  of  said  outer 
rails,  in  the  same  manner  and  with  the  same  material  and  at 
their  own  expense,  as  the  street  shall  be  improved  by  the  City, 
and  within  thirty  days  from  its  improvement  by  the  City,  and 
shall  re-pave  such  part  of  such  street  whenever  and  as  often  as 
the  City  shall  re-pave  and  in  the  same  manner  and  with  the 
same  material  and  at  their  own  expense;  and  whenever  any 
such  franchise  is  granted  giving  the  privilege  of  constructing 
a  double  railway  track  or  street  railway  track  upon  any  street, 
avenue  or  alley,  the  same  shall  contain  the  further  provision 
that  in  case  the  grantee  elect  to  lay  a  single  track,  the  right  to 
lay  any  additional  track  on  such  street  shall  be  forever  for- 
feited in  case  such  street  or  any  part  thereof  be  thereafter 
permanently  paved,  unless  such  grantee  pave,  in  addition  to  the 
space  between  the  rails  of  such  single  track  and  two  feet  on 
each  side  outside  of  said  rails,  the  space  which  would  be  occu- 
pied by  an  additional  track  and  the  space  between  such  space 
and  the  track  already  laid,  and  for  two  feet  outside  of  what 


TACOMA,  WASHINGTON  77 

would  be  the  outer  rail  of  such  additional  track,  in  the  same 
manner  and  with  the  same  material  as  the  City  paves  or  re- 
paves  the  said  street,  and  at  their  own  cost  and  expense,  and 
every  franchise  hereafter  panted  for  the  purpose  of  construct- 
ing a  railroad  track  or  street  railway  track  shall  require  the 
grantee  to  plank  all  space  between  the  rails  and  between  the 
tracks  of  such  railway  or  street  railway,  and  to  the  ends  of  the 
ties  on  the  outside  of  the  outer  rails  of  such  tracks  on  all  grad- 
ed streets  where  the  same  are  not  paved  with  permanent  pave- 
ment, and  to  keep  said  planking  in  good  repair  throughout 
the  term  of  such  franchise,  until  such  street  is  permanently 
paved,  and  eveiy  such  franchise  shall  contain  a  requirement  that 
any  pavement  torn  up  or  damaged  by  the  grantee,  its  succes- 
soi-s  or  assigns,  in  the  work  of  constructing  such  track  or  tracks, 
shall  be  replaced  at  the  sole  cost  and  expense  of  such  grantee, 
its  successors  and  assigns,  in  as  good  condition  and  with  the 
same  kind  of  material  as  it  was  before  such  track  or  tracks 
were  laid,  and  all  work  required  to  be  done  and  materials  used 
under  this  section  shall  be  done  and  furnished  under  the  direc- 
tion of  the  Commissioner  of  Public  Works  and  subject  to  his 
approval;  and  no  franchise  shall  ever  be  granted  to  any  per- 
son, association  of  persons  or  corporation,  unless  the  same  shall 
contain  a  provision  providing  for  a  revenue  to  the  City  from 
the  person,  association  or  corporation  holding  said  franchise, 
and  also  providing  that  the  City  shall  at  any  time  have  the  right 
to  appropriate  by  purchase  at  a  reasonable  price  the  property 
of  said  person,  company  or  corporation,  but  this  right  of  pur- 
chase shall  not  apply  to  railroads  other  than  street  railroads. 

Sec.  236.  Bailway  Pay  Portion  Construction  and  Repair  of 
Bridges,  iJfc— No  street  railway  company  or  any  corporation 
or  person  whatsoever  shall  ever  be  permitted  to  locate,  con- 
struct, maintain  or  operate  any  street  railway  track  or  tracks 
along,  across,  upon  or  over  any  bridge,  viaduct  or  tunnel  within 
the  City  of  Tacoma  which  shall  have  been  built  by  said  City, 
unless  or  until  it  shall  have  paid  into  the  City  Treasury  of  the 
City  of  Tacoma  a  sum  equal  to  at  least  one-half  of  the  original 
cost  of  the  construction  of  such  bridge,  viaduct  or  tunnel;  and 
no  franchise  shall  hereafter  ever  be  granted  to  any  person, 
company  or  corporation  for  the  purpose  of  constructing,  main- 
taining or  operating  any  such  street  railway  line  unless  the 
same  contain  a  requirement  that  such  person,  company,  firm  or 
corporation  shall  pay  at  least  one-half  of  the  cost  of  repairing 
and  maintaining,  at  all  times  throughout  the  term  of  such  fran- 
chise, any  bridge,  viaduct  or  tunnel  along,  over,  upon  or  across 


78  THEl  CHARTER  OF  THE  CITY  OF 

which  any  track  or  tracks  of  such  street  railway  shall  pass,  and 
the  further  provision  that  in  case  it  shall  become  necessary 
in  the  judgment  of  the  Council  to  rebuild  or  reconstruct  any  such 
bridge,  viaduct,  or  tunnel  during  the  term  of  such  franchise, 
the  grantee  therein,  its  successors  and  assigns,  shall  pay  at 
least  one-half  of  the  cost  of  such  re-building  or  reconstruction 
of  any  such  bridge,  viaduct  or  tunnel,  and  the  determination  of 
the  Council  of  the  City  of  Tacoma  as  to  when,  how  and  with 
what  material  such  repairs  or  reconstruction  or  rebuilding  shall 
be  made,  shall  be  final  and  conclusive,  and  such  work  shall  be 
done  under  the  direction  of  the  Commissioner  of  Public  Works 
of  said  City  according  to  plans  and  specifications  which  shall 
be  prepared  by  the  City  Engineer  of  said  City,  and  approved  by 
the  Council. 

In  case  the  construction  of  any  street  railway  line  shall  ne- 
cessitate or  require  the  construction  or  reconstruction  of  any 
bridge,  viaduct  or  tunnel,  the  entire  cost  of  such  construction 
or  re-construction  shall  be  paid  in  the  first  instance  by  the 
grantee  in  such  franchise,  its  successors  or  assigns,  and  any  such 
bridge  or  viaduct  shall  be  of  such  a  width  and  manner  of  con- 
struction as  may  be  required  by  the  Council,  so  as  to  constitute 
a  thoroughfare  for  the  public  for  all  ordinary  purposes.  Pro- 
vided, that  if  at  any  time  a  franchise  be  granted  for  additional 
street  railway  line  or  street  railway  lines  along,  over  or  across 
or  upon  any  bridge,  viaduct  or  tunnel,  in  this  section  referred 
to,  the  cost  of  construction,  maintenance  and  re-construction  of 
such  bridge,  viaduct  or  tunnel,  shall  be  apportioned  in  equal 
parts  between  the  owners  of  all  such  street  railways  using  such 
bridge,  viaduct  or  tunnel,  and  the  City,  and  every  franchise 
granted  for  the  use  of  any  such  bridge,  viaduct  or  tunnel  by  any 
street  railway  shall  so  provide;  provided,  further,  that  every 
franchise  for  the  use  by  any  street  railway  of  any  bridge,  via- 
duct or  tunnel  shall  contain  a  provision  for  common  user  of  its 
tracks  thereon  on  payment  of  a  just  proportion  of  the  cost  of 
such  tracks  in  addition  to  the  foregoing. 

The  Council  of  the  City  of  Tacoma  is  hereby  prohibited  from 
passing,  and  the  Mayor  of  said  City  is  hereby  prohibited  from 
signing,  any  ordinance  granting  any  street  railway  franchise 
or  any  amendment  of  any  street  railway  franchise  which  shall 
not  contain  each  and  all  of  these  provisions  and  requirements, 
and  any  such  franchise  not  containing  each  and  all  of  these  re- 
quirements is  hereby  declared  to  be  absolutely  null  and  void. 

Sec.  237.  Franchise  Specify  Streets.— All  franchises,  privi- 
leges and  permits  hereafter  granted  shall  plainly  specify  on 


TACOMA,  WASHINGTON  79 

what  particular  streets,  alleys,  avenues  or  other  public  property 
the  same  shall  apply;  and  no  franchise,  privilege  or  permit 
shall  hereafter  be  granted  by  the  City  in  general  terms  or  to  ap- 
ply to  the  City  generally. 

Sec.  238.  Power  to  Regulate  Rates  and  Fares. — All  powers 
to  regulate  rates,  fares  and  charges  for  service  by  public  utility 
corporations  is  hereby  reserved  to  the  people,  to  be  exercised  by 
them  by  ordinance  of  the  Council  or  in  the  manner  in  this 
Charter  provided  for  initiating  or  referring  an  ordinance.  Any 
right  or  regulation  shall  further  include  the  right  to  require 
uniform,  convenient  and  adequate  service  to  the  public  and 
reasonable  extensions  of  such  service  and  of  such  public  utility 
works. 

Sec.  239.  Ordinance  in  Plain  Terms.— No  franchise,  right 
or  privilege  or  license  shall  be  considered  as  granted  by  any  ordi- 
nance except  when  granted  therein  in  plain  and  unambiguous 
terms,  and  any  and  every  ambiguity  therein  shall  be  construed 
in  favor  of  the  City  and  against  the  claimant  under  said  ordi- 
nance. 

Sec.  24:0.  Railroad  Elevate  or  Lower  Tracks.— The  Council 
shall  by  ordinance  require,  under  proper  penalties,  any  rail- 
road company,  whether  steam  or  electric,  to  elevate  or  lower  any 
of  its  tracks  running  over,  along  or  across  any  of  the  streets  or 
alleys  of  the  City,  whenever  in  the  opinion  of  the  Council  the 
public  safety  or  convenience  require. 

Sec.  241.  Fraiwhise  Provide  for  Safety.— The  grant  of 
every  franchise  or  privilege  shall  be  subject  to  the  right  of  the 
City,  whether  in  terms  reserved  or  not,  to  make  all  regulations 
which  shall  be  necessary  to  secure  in  the  most  ample  manner  the 
safety,  welfare  and  accommodation  of  the  public,  including 
among  other  things  the  right  to  pass  and  enforce  ordinances 
to  require  proper  and  adequate  extensions  of  the  service  of 
such  grant,  and  to  protect  the  public  from  danger  or  incon- 
venience in  the  operation  of  any  work  or  business  authorized  by 
the  grant  of  the  franchise  and  the  right  to  make  and  enforce  all 
such  regulations  as  shall  be  reasonably  necessary  to  secure  ade- 
quate, sufficient  and  proper  service,  extensions  and  accommo- 
dations for  the  people  and  insure  their  comfort  and  convenience. 

Sec.  242.  No  Exclusive  Franchise— Renewal. — No  exclusive 
franchise  shall  ever  be  granted,  and  no  franchise  shall  ever  be 
granted  for  a  longer  term  than  twenty-five  years  and  no  fran- 
chise shall  be  renewed  before  two  years  of  its  expiration. 

Sec.  243.  No  Franchise  Leased,  Except.  —  No  franchise 
heretofore  or  hereafter  granted  by  the  City  shall  ever  be  leased, 


80  THE  CHARTER  OF  THE  CITY  OF 

assigned  or  otherwise  alienated  without  the  express  consent  of 
the  City  by  ordinance,  and  no  dealing  with  the  lessee  or  as- 
signee on  the  part  of  the  City  to  require  the  performance  of  any 
act  or  payment  of  any  compensation  by  the  lessee  or  assignee, 
shall  be  deemed  to  operate  as  such  consent. 

Sec.  244.  No  Extension  or  Enlargement,  Except— 'No  ex- 
tension or  enlargement  of  any  franchise  or  grant  of  rights  or 
powers  previously  granted  to  any  corporation,  person  or  asso- 
ciation of  persons,  shall  be  made  except  in  the  manner  and  sub- 
ject to  all  the  conditions  herein  provided  for  in  this  Article  for 
the  making  of  original  grants  and  franchises,  and  in  no  event 
shall  such  extension  or  enlargement  extend  beyond  the  unex- 
pired term  of  the  original  or  first  franchise;  provided,  however, 
that  the  provisions  of  this  Article  shall  not  apply  to  the  grant- 
ing by  ordinance  of  revocable  licenses  or  privileges  for  side 
track  or  switch  privileges  to  railway  companies  for  the  purpose 
of  reaching  and  affording  railway  connections  and  switch  privi- 
leges to  the  owners  or  users  of  any  industrial  plant,  it  being 
the  intention  to  permit  the  City  to  grant  such  revocable  licenses 
or  privileges  to  railway  companies  whenever  in  its  judgment 
the  same  is  expedient,  necessary  or  advisable,  and  whenever  the 
application  for  such  privileges  is  accompanied  by  the  assent  in 
writing  of  the  owners  of  the  major  part  in  extent  of  the  front 
feet  of  the  lots  or  tracts  of  land  of  the  block  fronting  on  each 
side  of  any  street,  or  parts  of  street,  over  or  on  which  it  is  de- 
sired to  lay  or  construct  such  sidetracks  or  switches. 

Sec.  245.  Provision  for  Common  Use  of  Tracks,  Poles. — 
The  City,  by  and  through  its  Council,  shall  have  the  power  to 
require  any  corporation  holding  a  franchise  from  the  City,  to 
allow  the  use  of  its  tracks,  poles  and  wires  by  any  other  corpora- 
tion to  which  the  City  shall  grant  a  franchise,  upon  the  payment 
of  a  reasonable  rental  therefor,  and  any  franchise  or  right  which 
may  hereafter  be  granted  to  any  person  or  corporation  to  operate 
a  street  railway  within  the  City  or  its  suburbs,  shall  be  subject 
to  the  condition  that  the  City  shall  have  the  right  to  grant  to 
any  other  person  or  corporation  desiring  to  build  or  operate  a 
street  railway  or  interurban  railway  within  or  into  the  City, 
the  right  to  operate  its  cars  over  the  tracks  of  said  street  rail- 
way in  so  far  as  may  be  necessary  to  enter  the  City  and  to  reach 
the  section  thereof  used  for  business  purposes,  provided,  that 
the  person  or  corporation  desiring  to  operate  its  cars  over  the 
line  of  said  street  railway,  shall  first  agree  in  writing  with  the 
owner  thereof  to  pay  it  reasonable  compensation  for  the  use 
of  its  tracks  and  facilities.    And  if  the  x)erson  or  corporation  de- 


TACOMA,  WASHINGTON  81 

siring  to  use  the  same  cannot  a^ee  with  said  owner  of  said: 
street  railway  as  to  said  compensation,  within  sixty  days  from 
offering  in  writing  so  to  do,  and  as  to  the  terms  and  conditions 
of  the  use  of  said  tracks  and  facilities,  then  the  Council  shall,; 
by  resolution,  after  a  fair  hearing  to  the  parties  concerned,  fix? 
the  terms  and  conditions  of  such  use  and  compensation  to  be  paid 
therefor,  which  award  of  the  Council  when  so  made  shall  be 
binding  on  and  observed  by  the  parties  concerned. 

Sec.  246.  Matters  in,  Charter  Not  to  Impair  Right  of  Coion- 
cil  to  Insert  Other  Matters  in  Fra7icMse.—Th.e  enumeration  and 
specification  of  particular  matters  in  this  Charter  which  must 
be  included  in  every  franchise  or  grant,  shall  never  be  constru- 
ed as  impairing  the  right  of  the  Council  to  insert  in  such  fran- 
chise or  grant,  such  other  and  further  matbJrs,  conditions,  coven- 
ants, terms,  restrictions,  limitations,  burdens,  taxes,  assessments, 
rates,  fares,  rentals,  charges,  control,  forfeitures,  or  any  other 
provision  whatever,  as  the  Council  shall  deem  proper  to  protect 
the  interests  of  the  people. 

Sec.  247.  Bights  of  Ferriage  Reserved.— All  rights  of  fer-- 
riage  on  waters  of  Commencement  Bay  or  of  Puget  Sound  within 
the  limits  of  this  City  shall  be  reserved  for  the  benefit  of  the 
City,  and  the  Council  shall  not  grant  nor  convey,  except  by 
lease,  any  franchise  or  special  privilege  for  the  purpose  of  oper- 
ating ferries  on  the  waters  above  named. 

ARTICLE  XX. 

HABBOR  AND  TIDE-LANDS. 

Sec.  248.  Streets  Extended  to  Harhor  Line.— All  streets, 
avenues  and  highways  of  the  City  touching  the  waters  of  Com- 
mencement Bay  or  Puget  Sound  are  liereby  declared  to  extend 
to  the  harbor  line  as  the  same  is  now  or  may  hereafter  be  es- 
tablished by  the  State,  and  it  shall  be  the  duty  of  the  Council 
to  provide  for  defining  the  lines  of  said  streets  and  cause  all 
such  streets  to  be  platted  on  the  maps  of  the  City,  and  to  cause 
a  plat  showing  said  streets  and  highways  to  be  filed  with  the 
Secretary  of  the  State  and  one  copy  thereof  to  be  filed  with 
the  Commissioner  of  Public  Lands  of  the  State.  None  of  said 
streets  below  mean  tide  shall  be  sold,  and  shall  never  be  leas- 
ed or  used  for  any  purpose  except  for  wharves  or  landing  slips 
for  water  craft. 

Sec.  249.  Marnier  of  Sale  or  Lease  of  City  Real  Estate. — 
The  Council  shall  never  authorize  the  lease  of  any  wharf  or 
water-front  property,  nor  the  sale  of  any  real  estate  belonging 
to  the  City,  until  it  shall  have  first  passed  a  resolution  of  its 


82  THE  CHARTER  OF  THE  CITY  OF 

intention  so  to  do  and  cause  notice  of  such  intention  to  be  pub- 
lished daily  in  the  official  newspaper  for  at  least  ten  days,  fixing 
a  time  when  the  Council  will  hear  remonstrances  against  such 
proposed  lease  or  sale.  If  at  the  time  fixed  for  said  hearing  one 
per  centum  of  the  voters  of  the  City  as  shown  by  the  last  general 
election  shall  file  remonstrances  against  such  action,  no  such 
sale  or  lease  shall  be  authorized  except  upon  the  affirmative 
vote  of  at  least  four  members  of  the  Council. 

Any  authorization  to  sell  or  lease  shall  be  by  ordinance 
adopted  in  the  manner  provided  in  this  Charter.  Such  ordi- 
nance shall  never  be  deemed  an  emergency  measure,  but  shall 
always  be  subject  to  the  provisions  of  this  Charter  as  to  refer- 
endum. The  ordinance  authorizing  such  sale  or  lease  shall  fix 
the  time,  terms  and  place  of  such  sale  or  lease,  and  the  City 
Clerk,  when  said  ordinance  becomes  effective,  shall  publish  in 
the  official  newspaper  a  notice  of  such  sale  or  lease  for  thirty 
days  next  preceding  the  time  fixed  for  such  sale,  describing  the 
property  and  stating  the  time,  terms  and  place  of  such  sale  or 
lease,  and  the  same  shall  be  made  only  to  the  highest  responsi- 
ble bidder  by  the  Commissioner  of  Finance,  at  the  time  and  place 
specified.  The  conveyance,  contract  or  lease  shall  be  executed  by 
the  Mayor,  countersigned  by  the  Controller  and  attested  by  the 
City  Clerk.  No  such  lease,  contract  or  conveyance  shall  become 
effective  until  thirty  days  after  all  papers  have  been  signed ;  and 
any  tax  payer  of  the  City  shall  have  the  right  to  commence  in 
the  Superior  Court  of  Pierce  County,  Washington,  within  said 
time,  proceedings  to  enjoin  said  sale  or  lease  and  may  show  that 
said  sale  or  lease  was  fraudulently  made  or  contrary  to  the  best 
interest  of  the  City,  but  in  case  said  sale  or  lease  shall  be  held 
valid  and  proper,  said  person  shall  pay  all  costs  of  such  pro- 
ceedings; provided,  that  the  Council  shall  never  authorize  the 
sale  or  disposition  of  any  wharf  or  water-front  property  belong- 
ing to  the  City  and  shall  not  lease  the  same  for  a  period  longer 
that  five  years  at  any  one  time. 

ARTICLE  XXI. 

MISCELLAlSTBOUS  PROVISIONS. 

Sec.  250.  Ratification  of  Former  Ordijiances.—Any  and  all 
ordinances  passed  by  the  City  of  Tacoma  under  any  former 
Charter,  which  have  not  been  repealed  when  this  Charter  shall 
go  into  effect,  and  that  are  not  inconsistent  with  this  Charter, 
or  the  laws  of  the  State  of  Washington,  shall  be  and  remain 
in  full  force  and  effect,  as  though  the  same  were  passed  or  done 


TACOMA,  WASHINGTON  83 

by  the  City  of  Tacoma  under  this  Charter,  and  shall  so  remain 
until  repealed  or  rescinded. 

Sec.  251.  Ccyntimiance  of  Acts  Under  Former  Charters. — 
All  warrants  or  certificates  of  indebtedness,  all  appropriations 
of  money  to  specific  fund  or  purposes,  all  taxes  remaining  un- 
paid, all  claims  or  demands  in  favor  of  or  due  the  City  of  Ta- 
coma, all  franchises,  all  contracts  and  liabilities  lawfully  made, 
granted  or  incurred  by  said  City,  all  rights  of  every  nature  or 
kind  vested  or  contingent  or  recognized  by  any  former  charters 
or  ordinances,  resolutions  or  acts  of  said  City,  and  not  inconsist- 
ent with  this  Charter  or  the  laws  of  the  State  of  Washington, 
shall  not  be  lost,  impaired  or  discharged,  but  shall  continue  and 
be  and  remain  in  fuU  force  and  effect,  notwithstanding  any 
change  of  organization  effected  by  this  Charter, 

Sec.  252.  Property  Vested  in  City.— AM  property  of  every 
name,  nature  and  kind,  all  rights,  privileges  and  franchises  be- 
longing to  the  City  of  Tacoma  by  or  under  any  former  act  or 
Charter,  are  vested  and  established  in  and  remain  the  prop- 
erty of  the  City  of  Tacoma. 

Sec.  253.  Continuation  of  Street  Improvemenis.  —  All 
streets  and  other  improvements,  all  vacations  of  streets,  alleys 
or  avenues,  all  assessments  for  improvements,  all  suits  and  ac- 
tions in  any  Court,  all  fines  and  forfeitures,  and  all  other  mat- 
ters relating  to  the  City  of  Tacoma,  that  may  have  been  begun 
and  not  completed,  ended  or  closed,  shall  be  completed  accord- 
ing to  the  Charter,  ordinances  and  laws  existing  prior  to  the 
adoption  of  this  Charter. 

Sec.  254.  Continuing  Bonds,  Etc.— AM  official  bonds,  rec- 
ognizances, obligations,  contracts  and  all  other  instruments  en- 
tered into  or  executed  by  or  to  the  City  before  this  Charter 
takes  effect,  and  all  fines,  penalties  and  forfeitures  due  or  ow- 
ing the  City,  shall  continue  and  remain  uneffected  by  this 
Charter. 

Sec.  255.  Collection  of  Unpaid  Taxes.— All  taxes  and  as- 
sessments, levied  and  remaining  unpaid  when  this  Charter  shall 
go  into  effect,  shall  be  collected  as  provided  by  the  Charter  of 
Tacoma  existing  and  in  effect  at  the  time  said  taxes  were  levi- 
ed. 

Sec.  256.  Parks,  and  Miscellaneous.— If.  at  any  time  here- 
after the  parks  now  under  the  control  of  the  Metropolitan 
Park  Board  come  under  the  jurisdiction  of  the  City,  such  parks 
shall  be  managed,  controlled  and  administered  in  such  manner 
as  the  Council  shall  prescribe  by  ordinance  adopted  as  in  this 


84  THE  CHARTER  OF  THE  CITY  OF 

Charter  provided.     The   City  of   Tacoma  shall  never   employ 
Chinese  or  coolie  labor  in  any  capacity  whatsoever. 

Skc.  257.  Claims  for  InjiLnes—Preseniatio7i— Bar.— All 
claims  for  injuries  to  the  person,  alleged  to  have  been  caused 
or  sustained  by  reason  of  defects,  want  of  repair  or  obstruction 
of  any  of  the  highways, .  streets,  alleys,  sidewalks  or  crosswalks 
of  the  City,  shall  be  presented  in  writing  to  the  Council  within 
thirty  days  after  such  injuries  shall  be  alleged  to  have  been 
received.  Such  writing  shall  state  the  time,  place,  cause,  na- 
ture and  extent  of  the  alleged  injuries  so  far  as  practicable, 
and  shall  be  verified  by  affidavit  of  the  claimant  to  the  effect 
that  the  same  is  true.  The  omission  to  present  any  such  claim 
in  the  manner  or  within  the  time  in  this  section  provided,  shall 
be  a  bar  to  an  action  against  said  City  therefor. 

ARTICiLE  XXII. 

AMENDMENT  OF   CHARTER. 

Sec.  258.  Procedure — Publication  iV^oi-ice.— Whenever  the 
Council  shall  deem  any  amendement  to  this  Charter  necessary  or 
expedient,  it  shall  pass  a  resolution  declaring  its  intention  to 
offer  to  the  qualified  electors  of  the  City  such  amendment, 
and  shall  cause  such  proposed  amendment  or  amendments  to  be 
published  in  full  in  two  daily  newspapers,  published  and  of  gen- 
eral circulation  in  the  City,  for  thirty  days,  and  all  (shall)  there- 
after within  thirty  days  from  the  last  date  of  said  publication 
again  vote  upon  said  amendment  or  amendments,  and  if  at 
said  last  named  time  four  members  of  the  Council  shall  vote  in 
favor  of  said  amendment  or  amendments,  the  Council  shall 
cause  the  same  to  be  submitted  to  the  qualified  electors  of  the 
City  at  the  next  general  Municipal  Election  for  approval  or 
rejection. 

Sec.  259.  Ballots.— The  tickets  to  be  voted  ait  said  election 
shall  contain  the  words  "For  Amendment,"  ''Against  Amend- 
ment." Provided,  if  more  than  one  amendment  is  to  be  voted 
upon  the  same  shall  be  numbered,  and  said  tickets  shall  have 
printed  thereon,  ''For  Amendment  No.  1,"  "Against  Amend- 
ment No.  1,"  "For  Amendment  No.  2,"  "Against  Amendment 
No.  2,"  and  so  continue  for  all  amendments  offered  to  be  vot- 
ed upon. 

Sec.  260.  Majority  of  Votes  Carry.— li  at  said  election  a 
majority  of  the  votes  cast  be  for  said  amendments  the  same 
shall  within  ten  days  thereafter  become  a  part  of  the  City 
Charter,  or  if  for  any  one  of  said  amendments,  the  same  shall 
be  a  part  of  the  City  Charter. 


TACOMA,  WASHINGTON  85 


FINAL  CERTIFICATE. 


STATE    OF    WASHINGTON,) 

County  of  Pierce,  ^  ss. 

City  of  Tacoma,  ) 

BE  IT  KNOWN,  that  the  qualified  electors  of  the  City  of  Tacoma, 
in  said  County  and  State,  said  City  then  and  there  being  a  city  of  the 
first  class,  on  the  8th  day  of  June,  A.  D.,  1909,  at  an  election  duly 
held  in  said  City  under  the  provisions  of  an  ordinance  duly  enacted 
as  authorized  by  law  by  the  legislative  authority  of  said  City,  and 
under  and  in  accordance  with  Section  X,  Article  11,  of  the  Consti- 
tution of  this  State,  and  an  Act  of  the  Legislature  of  the  State  of 
Washington,  approved  March  4th.  A.  D.  1895,  entitled  "An  Act  to 
authorize  cities  of  the  first  class  to  alter,  change,  revise,  add  to  or 
repeal  their  respective  charters,"  did  elect  the  undersigned,  being 
fifteen  freeholders  who  severally  liave  been  residents  of  said  City 
for  a  period  of  at  least  two  years  preceding  their  election,  and  quali- 
fied electors  therein,  as  a  Board  of  Fifteen  Freeholders,  to  prepare 
and  frame  a  new  Charter  for  the  City  of  Tacoma;  and  we,  the  under- 
signed, being  the  said  fifteen  freeholders,  do  hereby  certify  that  we 
convened  for  said  puri)Ose  as  such  freeholders,  within  ten  days  after 
the  said  election,  and  then  commenced  and  thereafter,  within  sixty 
days,  proceeded  to  and  did  prepare  such  new  Charter  by  altering, 
changing  and  revising  the  existing  Charter,  and  having  prepared, 
framed  and  agreed  upon  such  new  Charter,  we  do  now  propose  and 
submit  to  the  legislative  authority  of  said  City,  the  foregoing  as  a 
Ch-arter  for  the  City  of  Tacoma,  and  do  now  file  the  same  with  the 
City  Clerk  of  said  City. 

IN  WITNESS  WHEREOF,  we  have  hereunto  set  our  hands  this 
5th  day  of  August,  in  the  year  of  our  Lord,  one  thousand  nine  hundred 
and  nine. 

H.  A.  RHODES',  President, 

E.  D.  HODGE,  Secretary, 

O.   G.  ELLIS, 

C.  S.  BARLOW, 

DR.  S.  M.  LeCRONE, 

FRANK  M.  LAMBORN, 

ERNEST  LISTER, 

HARRY  B.  HENDLEY, 

OLIN  L.   FOWLER. 

P.    C.    KAUFFMAN, 

E.   P.    SAVAGE, 

A.  U.  MILLS. 

C.  D.  BALL, 

H.  J.  MCGREGOR, 

O.  O.  McLANE. 


86  THE  CHARTER  OF  THE  CITY  OF 


MAYOR'S  CERTIFICATE. 


I,  John  W.  Linck,  Mayor  of  the  City  of  Tacoma,  do  hereby  certify 
that  in  accordance  with  the  terms  and  provisions  of  Section  X,  of 
Article  11  of  the  Constitution,  and  of  Chapter  XXVII  of  the  Laws  of 
the  State  of  Washington,  approved  March  4.  1895,  the  Council  of  the 
City  of  Tacoma  duly  caused  a  special  election  to  he  held  on  the  8th 
day  of  June,  A.  D.,  1909,  for  the  purpose  of  electing  fifteen  Free- 
holders to  prepare  a  new  Charter  for  the  City  of  Tacoma;  that  due 
notice  of  such  election  was  given  in  the  manner  provided  by  law;  that 
on  the  8th  day  of  June,  1909,  said  election  was  held,  and  the  votes 
cast  thereat  were  duly  canvassed  by  the  City  Council  of  said  City; 
and  the  following  named  persons  were  declared  duly  elected  to  pre- 
pare and  propose  a  new  Charter  for  said  City,  to-wit:  H.  A.  Rhodes, 
E.  D.  Hodge,  P.  C.  Kauffman,  E.  P.  Savage,  A.  U.  Mills,  C.  D.  Ball, 
H.  J.  McGregor,  O.  O.  McLane,  O.  G.  Ellis,  C.  S.  Barlow,  Dr.  S.  M. 
LeCrone,  Frank  M.  Lamborn,  Emest  Lister,  Harry  B.  Hendley,  Olin 
L.  Fowler. 

That  thereafter,  to-wit:  on  the  7th  day  of  August,  1909,  said  Board 
of  Freeholders  duly  returned  a  proposed  new  Charter  for  the  City  of 
Tacoma  signed  by  the  following  members  thereof,  to-wit:  H.  A.  Rhodes, 
President;  E.  D.  Hodge,  Secretary;  P.  C.  Kauffman,  E.  P.  Savage, 
A.  U.  Mills,  C.  D.  Ball,  H.  J.  McGregor,  O.  O.  McLane,  O.  G.  Ellis, 
C.  S  Barlow.  Dr.  S.  M.  LeCrone,  Frank  M.  Lamborn,  Ernest  Lister, 
Harry  B.  Hendley  and  Olin  L.  Fo'wler. 

That  thereafter  such  proposed  new  Charter  was  duly  published  in 
two  daily  newspapers  in  said  City,  and  of  general  circulation  therein, 
to-wit:  The  Tacoma  Daily  Ledger  and  The  Tacoma  Daily  News* 
for  a  period  of  thirty  days;  said  publication  in  each  of  said 
papers  commencing  on  the  10th  day  of  Sept.,  1909;  that  thereafter  on 
the  16th  day  of  October,  1909,  at  a  special  election  duly  called  by  the 
City  Council  of  said  City,  the  proposed  new  Charter  was  submitted 
to  the  qualified  electors  thereof;  and  the  returns  of  such  election  were 
duly  canvassed  by  the  City  Council  thereof,  at  a  meeting  held  on  the 
19th  day  of  October,  1909,  and  the  result  of  said  election  was  found 
to  be  as  follows: 

For  said  proposed  new  Charter 3533  votes. 

Against  said  proposed  new  Charter  991  votes. 


Majqrity  for  said  proposed  new  Charter   ..2542  votes. 
Whereupon  said  new  Charter  was  declared  duly  ratified  by  a  majority 
of  the  qualified  electors  voting  at  said  election. 

And  I  further  certify  that  the  foregoing  is  a  full,  true  and  complete 
copy  of  the  proposed  new  Charter  so  voted  upon  and  ratified  as  afpre- 
said. 

In  testimony  whereof  I  hereunto  set  my  hand,  and  affix  the  cor- 
porate seal  of  said  City,  at  my  office  this  10th  day  of  November,  1909. 

JOHN.  W.  LINCK,  Mayor. 
Attest: 

L.  W.  ROYS',  City  Clerk. 


TACOMA,  WASHINGTON  87 


INDEX  TO  ARTICLES 

ARTICLE  I.                                            Page. 
Name,   Boundaries,  Powers,   Rights  and  Liabilities    3 

ARTICLE  II. 
Oflacers,    Employees    and    Salaries    12 

ARTICLE  III. 
The    Council     17 

ARTICLE  IV. 
Mayor    '21 

ARTICLE  V. 
Executive  and   Administrative  Departments    22 

ARTICLE  VI. 
Department  of  Health  and  Sanitation   25 

ARTICLE  VII. 
Department  of  Public  Safety  27 

ARTICLE  VIII. 
Department  of  Public  Works,  Streets,  Improvements  and  Property  30 

ARTICLE  IX. 

Department  of  Light  and  Water   47 

ARTICLE  X. 
Department   of   Finance    49 

ARTICLE  XI. 

Cont|X)ller    •. > 53 

ARTICLE  XII. 
Taxes 56 

ARTICLE  XIII. 
City  Attorney    57 

ARTICLE  XIV. 
Civil   Service    57 

ARTICLE  XV. 
Elections    59 

ARTICLE  XVI. 
Recall  of  Elective  Ofllicers   69 

ARTICLE  XVII. 
The   Initiative    71 

ARTICLE  XVIII. 
The    Referendum    73 

ARTICLE  XIX. 

Franchises    74 

ARTICLE  XX. 

Harbor  and  Tide-Lands   81 

ARTICLE  XXI. 

Miscellaneous   Provisions    82 

ARTICLE  XXII. 
Amendment  of  Charter 84 


88  INBEX  TO'  CHARTER 


INDEX  TO  SECTIONS 


A  Section. 

Appointments  Confirmed  by  Council   24 

Of  Clerks,   etc 25 

Religious  or  Political   Opinions   not  to   effect    29 

Council    vote    on 44 

Appropriation  of   Money,   how   made    39 

Appropriation  of  Private  Property    47 

Amendments  to  Charteir,  how  made  258  to  260  inc. 


B 

Boundaries  of  City    1 

Boundaries  Etxtend  to  Middle  of  Sound   2 

Bonds  of  Ofiicers   27 

Bonds  of  Contractors  61 

Bonds,  Continuing  all  Oflicial    254 

Books,  Records,   etc 30 

Building    Inspector    80 

c 

Classification  of  Service  ' 10 

Councilmen    

Removal  of   16 

Salary  of   19 

City  Clerk,  Appointed  by  Council  23 

Clerks,    etc.,   Appointment   of    25 

Council,   Legislative  Powers  Vested  in    33 

President  and  Vice  President  of   34 

Rules  and  Journal  Public  Record    35 

Meetings  of 36 

Quorum    of 37 

City  Clerk,   Clerk  of    37 

Create  Offices    41 

Shall  cause  Monthly  Statement  to  be  Printed 42 

Exercise   Certain   Powers    43 

Vote  on  Appointments 44 

Vote  on    Salaries    45 

Shall  Let  Public  Printing   46 

Commissioners  of  Departments   55 

Contracts,  how  executed   60 

City    Engineer,    

Qualifications,  Duties,  Powers 87 

Charges   of    88 

Plats  of  Additions,  etc 89 

Controller      

Salary  of   20 

Duties  of   157 

Oath  and  Bond  of 158 

Deputies   and   Assistants    158 

Have  access  to  all  books    159 

Audit  Claims    160 

Designate  Funds   161 

Keep  records    162 

Keep  list  of  warrants   163 


CITY  OF  TACOMA,  WASHINGTON  89 

Controller— Cont'd.  Section 

Countersign    contracts    164 

Annual   report    165 

Monthly  report    166 

General  duties    167 

Shall  have  notice  of  Revenue  Ordinances  and  Appointments  168 

City    Attorney,     

Appointed  by  Council   23 

Duties  of   175 

Shall  keep  records   .• 176 

Assistants     177 

Special    Counsel    178 

Civil    Service 

Board,  Appointment  of  179 

Removal.  Equipment,  Clerk 180 

Board  make  rules,  etc  181 

Classification  of  names    182 

To  whom  provisions  apply 183 

Appointees,   removal  of    184 

Penalties     185 

Charter,  amendments  to,  how  made  258  to  260  inc. 

Charters,  Continuance  of  Acts  under  former   251 

Contracts,  Continuing  all  former   254 

Claims  for  injuries,  relating  to   257 


D 

Debt,  limit  of    6 

Duties.  Officers    etc.,  to  attend  to  31 

Departments,  distribution  of  executive  and  administrative   54 

Commissioners  of   55 

Council  may  change  designations  56 

Council  assign  duties    57 

Commfl'sioners  have  supervision   58 

Commissioners  purchase  supplies   59 

Department  of  Public  Affairs,  Health  and  Sanitation 62  to  68  inc. 

Denartment  of  Public  Safety 69  to  80  inc. 

Department  of  Commissioner  of  Public  Works  81  to  135  inc. 

Commissioner  to  have  supervision  of  81 

Clerks   and   employees  of    82 

Duties  of  Chief  Clerk  of  83 

Com.mlssioner  in  charge  of  improvements   84 

Commissioner  custodian  of  maps,  etc 85 

Commissioner's  other  duties  and  powers  86 

Department  of  Light  and  Water  136  to  139  inc. 

Scope  of  department    136 

Commissioner  to  administer  department  137 

Separate  sub-departments    138 

Commissioner  to  fix  rates  and  Council  to  impose  fines 139 

Department  of  Finance 140  to  156  inc. 

Commissioner  to  have  supervision    140 

Bond  of  as  Treasurer 141 

Assistants,    Clerks,    etc 142 

Estimates  of  expenses  of  City    1 43 

Establish    systematic    accounting    1 44 

Revenue,  how  controlled  and  paid   145 

Duties  of  Commissioner  as  Treasurer  146 

Bank  deposits,  bonds  and  securities  147 

Tax  Levy,  how  credited;    Other  duties 148 

Commissioner  eligible  for  one  tenn  only  149 


90  INDEX  TO  CHARTHR 

E  Section. 

Employees    10 

Restrictions    upon    12 

Restrictions  upon   13 

Employment  office   79 

Elections   186  to  207  inc. 

General  and  Special    186 

Voters,    Qualifications,    Registration    187 

Nomination  of  Officers   188 

Ballots    ' 189 

Ten  days'  notice  of  190 

First  or  primary  election  191 

Second  election   192 

Election,  officers  of   193 

Clerks  of 194 

Oaths  of  officers   195 

Inspector,  Powers  and  Duties   196 

Informalities    in 197 

Council  to  canvass  vote   '. 198 

Oath  of  City  Clerk  on  returns   199 

Ballots,  preservation  of 200 

Certificate   as   evidence    201 

Special    election    202 

Election   hours    : 203 

Other  provisions  by  Ordinance    204 

Election  of  first  officers  hereunder  205 

Duty  of  present  officers    206 

Publication  of  expenses   207 


Fire  Department 75  to  77  inc. 

Franchises    229   to   247  inc. 

When  effective  229 

Submitted  on  twelve  per  cent  petition  230 

Unused  franchises  to  be  repealed   231 

Extension  only  for  unexpired  term  232 

Light  and  water  franchises  prohibited   233 

No  franchise  without  compensation   234 

Railroads  shall  pave  and  repave 235 

Railway  to  pay  part  of  construction  and  repair  of  bridges   etc  236 

Franchise  specifiy  streets   237 

Power  to  regulate  rates  and  fares 238 

Ordinance  in  plain  terms    239 

Railroad  elevate  or  lower  tracks   240 

Franchise  provide  for  safety 241 

No   exclusive  franchise 242 

Renewal    of    242 

No  franchise  leased  except  243 

No  extension  or  enlargement  except  244 

Provision  for  common  use  of  tracks;  poles 245 

Matters  in  Charter  not  to  impair  right  of  Council  to  insert 

other  matters   in  franchise    246 

Right  of  Ferriage  reserved    247 


G 

Grade  of  streets.  Change  of  ^'^ 


CITY  OP  TACOMA,  WASHINGTON  91 

H  Section 

Harbor  Master  68 

Harbor  and  Tide  Lands   248-249 

Streets  extended  to  harbor  line 248 

Manner  of  sale  or  lease  of  City  real  estate 249 


I 

Indebtedness,  refunding  of   7 

Initiative,    The    

Direct    legislation    ^ . .  216 

Twenty  per  cent  petition   217 

Five  per  cent  petition 218 

Publication  of  Electoral   Ordinance    219 

Election     , 220 

Several  Ordinances  at  onB  election   221 

Limit  of  Special  elections  222 

Repeal  of  Electoral  Ordinance  223 

Does  not  apply  to  Ordinance  granting  franchises  224 

Council  may  make  further  regulations   225 


L 

Liabilities  of  City  3 

Limit  of  debt  6 

Legislative   powers    33 

License    Inspector    78 


M 

Mayor,  ^moval   of    16 

Salary    of    18 

Chief  executive   48 

Supervision  of  departments,  etc 49 

Sign  Contracts,  etc 50 

Appoint   experts    51 

Employ  Accountants    52 

General  Powers  53 


N 

Name  of  City    1 


0 

Officers,    

Classification  of  services   10 

Qualifications    of    11 

Restrictions    upon     12 

Restrictions  upon   13 

Terms  of  elective  14 

Officers,  Clerks,  etc.,  to  receive  no  commission  or  profit 28 

Officers,  etc.,  to  attend  to  duties  31 

Personally  liable  32 

Office  hours  to  be  fixed   17 

Oaths  of  officers    26 


92  INDEX  TO  CHARTER 

Section 

Ordinances,  relating  to  38 

Ofllces,  Council  to  establish.  41 

Oflacial  newspaper    46 

Ordinances,   ratification   of  former    250 


P 

Powers  of  City   4 

Enumeration  of,  not  exclusive   8 

Exercise  of   , 9 

Exercise  of  certain    43 

Public  Utilities    acquire  and  own  5 

Private  property  appropriation  of 47 

Police  department   70  to  74  inc. 

Duties  of  Chief  of   70 

Appointment  of  Police  Officers   71 

Appointment   of    Policemen    72 

Matron     .- 73 

Justice — Powers — Salary    74 

Property  vested   in   City    252 

Parks,   relating  to    256 


Q 

Qualifications  of  Officers   11 


R 

Rights  and  liabilities  of  City  3 

Refunding    indebtedness    7 

Removal  of  Mayor  or  Councilmen   16 

Records,  books,  etc 30 

Recall  of  elective  officers   208  to  215  inc. 

Applies  to  all  elective  officers   208 

Petition  and  requirements  of 209 

Petition  may  be  amended   210 

Election  under  recall  petition  211 

Candidates 212 

Incumbent    removed    213 

No  recall  petition  for  first  6  months 214 

Incapacity  of  recalled  officers 215 

Referendum,   The    

Mode  of  protesting  against  ordinances 226 

Reference  by  the  Ccnincil   227 

Further    regulations 228 


Salaries 10-21 

Council  vote  on  45 

Mayor     18 

Councilman     19 

Controller    20 

Other  officers,   etc 21 

Removal    terminates    22 

Statements  to  be  made  monthly  42 


-     CITY  OF  TACOMA,  WASHINGTON  93 

Section 

Streets    

Change  of  grade  of   47 

Structures  on   40 

Extend  to  Harbor  Line   248 

Street   Improvements    

Application   for    90 

Survey,  resolution,  etc 91 

Consent  to  improvements   92 

Cost,  how  assessed  93 

Assessment  roll,   contents    94 

Assessment  roll,  filing  of 95 

Assessment  roll,   appeal  from    96 

Assessment  roll,  hearing  of   97 

Assessment  roll,  payment  of   98 

Bids  for;    Contracts  in  writing   99 

Lien  of  assessment 100 

Treasurer  to  collect 101 

Demand  for  payment  unnecessary   102 

Warrant  for  collection    103 

Warrant  to  sell  by  Controller  .' 104 

Warrant   as    execution    i 105 

Time  of  sale;  Sales  to  City 106 

Highest  bidder.  Dispensation  of  Surplus  107 

Resale    108 

Controller  custodian  of  Certificates   109 

Return  of  Treasurer   110 

Purchaser's  lien,  Interest Ill 

Redemption,  Certificate,  Deed 112 

Separate  fund    113 

Payment  of  Assessment    114 

Day's  work  or  Contract  115 

Sealed  proposals    116 

Proposals,  Form,  Affidavit,  Bids   117 

Opening  bids.  Award  118 

Collusive   bids    119 

Contracts,    How    drawn    ; .  120 

Bonds,   Amount,    Sureties    121 

Failure  to  perform  Contract  122 

Unfinished    Contracts    123 

Commissioner  has  supervision   124 

Prohibition  on  Commissioner  and  employees  125 

Continuation  of    253 

Sewerage  and  drainage    

General  system    126 

Commissioner  to  control  construction 127 

Plans,  diagram  and  map  of  128 

Council  order  construction  of    129 

Agreement  as  to  damages  for 130 

Lands  on  Bay  for  131 

Condemnation  of  private  property  for 132 

Expense    proportioned     133 

Sewerage    districts     134 

Sewerage    bond     135 

Sinking  Fund  Board  150  to  156  inc. 

Members   of    150 

Quorum    151 

Duties 152 

Procedure  before  investment   153 

Journal  of  proceedings   154 

Vacancies,  how  filled    155 

Bonds,  how  kept  156 


94  INDEX  TO  CHARTER 

T  Section. 

Terms  of  elective  cfficers   14 

Taxes,  relating  to  169  to  174  inc. 

Assessment,   levy   and   collection    169 

Board  of  Equalization    170 

Appropriation  for  County    171 

Library    levy    172 

Fiscal    year    173 

Assessments  against  City  property .     174 

Collection   of   unpaid    255 

Tide   Lands    248-249 


V 

Vacancies  in  oflBce,  when  and  how  filled  15 

Vacations  of  streets,  etc.,  how  made  47 


w 

Wards  of  City   1 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.00  ON  THE  SEVENTH  DAY 
OVERDUE. 


MAR    7   1936 

i 

LD  21-100m-8,'34 

GATLORO    QBOS. 

MAKERS 

SYRACUS 


YC  09692 


